General Prehearing Procedures

PURPOSE: This rule describes the general procedures for contested matters. (1) Rules of Procedure. The hearings before the commissioner and Administrative Hearing Commission are governed by Chapter 536, RSMo. The commissioner and Administrative Hearing Commission may also be guided by the Missouri Rules of Civil Procedure. (2) Place of Filing. If the matter is to be heard by the commissioner, all pleadings shall be filed with the commissioner. If the matter is to be heard by the Administrative Hearing Commission, all pleadings must be filed with the commission. The party filing pleadings or documents shall serve by mail or, by consent of the parties, electronic mail, copies of all filed pleadings or documents on all parties. (3) Continuances. The commissioner shall grant written requests for continuances upon good cause shown. A hearing shall be held no later than ninety (90) days after the request for hearing unless a later date is agreed to by all parties to the matter, or justice requires a continuance, and the commissioner by order continues the hearing. AUTHORITY: sections 409.6-605 and 409.836, RSMo 2016.* Original rule filed Nov. 1, 2001, effective May 30, 2002. Emergency amendment filed Aug. 29, 2003, effective Sept. 12, 2003, expired March 9, 2004. Amended: Filed Aug. 29, 2003, effective Feb. 29, 2004. Amended: Filed July 19, 2019, effective Jan. 30, 2020. *Original authority: 409.6-605, RSMo 2003 and 409.836, RSMo 1985.