Certifications of Records

PURPOSE: This rule sets forth the content of the record and the procedure by which the commission shall cause the record to be certified to a court. (1) Record Defined. (A) As used in this rule, the term record has the meaning set forth in section 536.130.1, RSMo. (B) Such record shall consist of any one (1) of the following: 1. Such parts of the record, proceedings and evidence before the commission as the parties by written stipulation filed with the commission may agree upon before the commission has certified the record; 2. Any agreed statement of the case that is agreed to by all the parties and approved as correct by the commission; or 3. A complete transcript of the entire record, proceedings and evidence before the commission, but any matter not essential to the decision of the questions presented by the complaint may be omitted, but the commission’s decision, order and findings of fact and conclusions of law shall be included in every case. Documents may be abridged by the omission of irrelevant and formal parts thereof, including, but not limited to, briefs, proposed findings of fact and proposed conclusions of law, hearing notices, miscellaneous correspondence, motions, objections and responses, or commission orders not material to the decision. (2) The commission shall certify and transmit the record as follows: (A) Agency. In any case under section 621.110, RSMo, in which the commission finds that there is cause for discipline, the commission shall cause the record to be certified and transmitted to the agency; (B) Circuit Court. The commission shall cause the record to be certified to, and filed with, a circuit court as provided in Supreme Court Rule 100.01 within thirty (30) days of the date on which it receives a copy of the petition for judicial review as set forth in section 536.110, RSMo; and (C) Appellate Court. The commission shall cause the record to be certified to, and filed with, an appellate court of original jurisdiction as provided in Supreme Court Rule 100.02 within thirty (30) days of the date on which it receives a copy of the petition for judicial review or notice of appeal as set forth in Supreme Court Rule 100.02(d). (3) Any party may file a motion with the commission for an amended certification. The commission may file an amended certification to include specified matters omitted from the original certification. The commission shall not file an amended certification deleting matters included in the original certification. AUTHORITY: section 621.198, RSMo 2016.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed June 3, 2002, effective Nov. 30, 2002. Amended: Filed Sept. 29, 2016, effective March 30, 2017. *Original authority: 621.198, RSMo 1965, amended 1978, 2001. Where Procedure Is Otherwise Provided For By Law