Hearings

PURPOSE: This rule describes the nature and process of disciplinary hearings conducted by the secretary. (1) All disciplinary hearings shall be governed by the administrative hearing process found in Chapter 536, RSMo. (2) No disciplinary hearing will be held less than thirty (30) days after the secretary receives a written request for a hearing. (3) Notice of hearing will be provided to the professional employer organization (PEO) by certified mail and shall include the date, time, and place of the hearing. (4) Hearings will be open to the public and notice of the hearing shall be posted pursuant to Chapter 610, RSMo. (5) All hearings will be audio recorded unless the PEO requests the hearing be transcribed by a court reporter. If a PEO requests a court reporter, the PEO is responsible for the cost of the court reporter and all copies of the transcripts. (6) Oral evidence shall be taken on oath or affirmation. Each party shall have the right to call and examine witnesses, introduce exhibits, and cross-examine witnesses on any relevant issue related to the disciplinary action. (7) Each party shall provide copies of all exhibits it intends to use at the hearing to the other party and the secretary no later than five (5) working days prior to the hearing. (8) A list of all documents and exhibits submitted at the hearing shall become part of the record and officially noted in the transcript/recording. (9) Copies of writings, documents, and records shall be admissible without proof that the originals thereof cannot be produced if it appears by testimony or otherwise that the copy offered is a true copy of the original. (10) The secretary or his/her representative shall present evidence first. The PEO shall then have the opportunity to present its evidence in the same manner. Each party has the right to rebut the evidence presented and present closing statements. (11) The secretary shall issue written findings of facts and conclusions of law. Such findings shall include the violations found and the disciplinary action to be taken as authorized under section 285.750, RSMo. Such findings shall be a final adjudication of the matter. AUTHORITY: section 285.750, RSMo Supp. 2018.* Emergency rule filed Nov. 30, 2018, effective Dec. 10, 2018, expired June 7, 2019. Original rule filed Nov. 30, 2018, effective May 30, 2019. *Original authority: 285.750, RSMo 2018.