Hearings on Complaints; Default

PURPOSE: This rule describes the procedures for the setting of, continuance of, and order of proof in hearings on complaints and meets the requirement of sections 536.060 and 536.073.3, RSMo 2000, which requires the commission to make rules providing for disposition in the nature of default judgment. (1) Notice. The commission shall serve the initial notice of the place, date, and time upon which it will hold the hearing on an agency’s complaint on all parties by certified mail, or by personal delivery, except where notice by publication is expressly authorized by statute. The commission may serve any other notice of hearing, or any notice resetting the hearing, by certified mail, regular mail, personal delivery, or any other method provided by law. (2) Use of Telephone or Videoconferencing Equipment. Any party may, for good cause, request in writing that the hearing be conducted or certain testimony taken by telephone or videoconferencing equipment. (3) Date. (A) First Setting. Unless otherwise provided by statute or with the consent of the parties, the commission shall hold no hearing fewer than twenty (20) days after the first issuance of notice. (B) Resettings. If the commission resets the hearing, it shall send out an amended notice. If the reset date is later than the first setting, the commission may hold the hearing fewer than twenty (20) days from the date of the issuance of the amended notice. (4) Expedited Hearings and Continuances. The commission may expedite or continue the hearing date upon notice to the parties except as otherwise provided by law. Any party may file a motion for an expedited hearing or a continuance. The motion shall: (A) Be in writing; (B) State good cause; and (C) State whether any party objects to the motion or that efforts to contact the parties have been futile. (5) Order of Proof. Regardless of which party has the burden of proof except where an agency has filed the complaint, respondent shall present evidence first unless the commission orders otherwise. (6) Default. If a party fails to appear at hearing, the party shall be in default. (A) If petitioner defaults, and petitioner has the burden of proof, the commission may dismiss the case for failure to prosecute. (B) If any party defaults, any other party may present evidence, and the defaulting party shall have waived any objection to such evidence. Such evidence shall constitute the sole evidentiary basis for disposition of the case, unless the commission orders otherwise. AUTHORITY: sections 536.073.3 and 621.035, RSMo 2000 and section 621.198, RSMo Supp. 2010.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effective May 28, 1995. Amended: Filed Jan. 11, 2001, effective July 30, 2001. Amended: Filed June 3, 2002, effective Nov. 30, 2002. Amended: Filed June 1, 2005, effective Nov. 30, 2005. Amended: Filed July 2, 2008, effective Jan. 1, 2009. Emergency amendment filed Aug. 30, 2010, effective Sept. 9, 2010, expired March 7, 2011. Amended: Filed Aug. 30, 2010, effective Feb. 28, 2011. *Original authority: 536.073.3, RSMo 1957, amended 1985, 1989, 1995; 621.035, RSMo 1978; and 621.198, RSMo 1965, amended 1978, 2001.