Evidence

PURPOSE: This rule describes the introduction of evidence at a public hearing. (1) Rulings on evidence offered at hearings shall be made in accordance with sections 536.063 to 536.090, RSMo. Objections or motions not ruled on at the hearing shall be considered with the record. Evidence concerning terms or offers of settlement made during endeavors to conciliate shall not be admitted into the record. (2) When objections to the admission or exclusion of evidence before the commission are made, the grounds relied upon shall be stated briefly. (3) All testimony to be taken at the hearing, except matters officially noticed or entered by stipulation, shall be sworn or affirmed. This may include testimony given on deposition or by affidavit. (4) Expert Witnesses. (A) The commission may require, at least ten (10) days prior to the hearing, that the parties to the hearing— 1. Identify each person expected to be called as an expert witness at the hearing; 2. State the subject matter on which the expert is expected to testify; and 3. State the substance of the facts and opinions to which the expert is expected to testify. (B) Where the presiding commissioner determines that a party failed to timely comply in providing the information required under subsection (4)(A) of this rule, the witnesses and any previously offered evidence by the witnesses may be excluded from the hearing. (5) Interpreter. (A) When a disabled person, or person who cannot speak or understand the English language, is a respondent in a hearing, the party is entitled to a qualified interpreter. In order to obtain the services of an interpreter, a party shall notify the commission at least ten (10) days prior to the date the interpreter will be needed. (B) Upon receipt of the request, the executive director at the direction of the commission shall arrange for the services of an interpreter and shall notify the parties of the identity of the interpreter. The commission shall compensate the interpreter where necessary. (C) A member of the commission staff may serve as an inter preter where all parties consent on the record. (6) Exhibits. (A) Exhibits shall be marked upon receipt by the commission and the marking shall identify the party offering the exhibit. Admitted and excluded exhibits shall be preserved by the commis sion as part of the record of the proceedings. Excluded exhibits shall be retained by the commission only if the party seeking to introduce the document as an offer of proof specifically requests the document to be placed in an excluded exhibit file. (B) All paper exhibits shall be no longer than eight and one-half by eleven inches (8 1/2 × 11") in size and the party presenting an exhibit must submit the exhibit and seven (7) copies to the commis sion and must provide one (1) copy to each of the other parties at the time the exhibit is marked. (C) Larger exhibits are allowed; however, in order to be in cluded in the record, the information contained in the exhibit must be reduced to paper eight and one-half by eleven inches (8 1/2 ×11") in size by the party offering the exhibit. (D) Variation from the requirements in section (7) will be allowed with leave of the commission only in cases where there is no reasonable alternative. (7) The commission may take notice of judicially recognizable facts and of general, technical or scientific facts. The parties shall be notified at any time during a proceeding of material officially noticed and they will be afforded the opportunity to contest the facts so noticed. The notice required by this section shall be given to the party prior to the issuance of decision and order in the matter. AUTHORITY: section 105.955.14(7), RSMo 2000.* Original rule filed March 24, 1997, effective Sept. 30, 1997. Amended: Filed Sept. 4, 2007, effective Feb. 29, 2008. *Original authority: 105.955, RSMo 1991, amended 1994, 1995, 1996, 1997, 1999.