Default

PURPOSE: This rule describes the procedures when a party fails to appear at a case hearing and for requesting relief from that default. (1) A party who has been served with notice of hearing and fails to appear at the scheduled hearing shall be in default. (2) Unless previously notified by the party, the commission shall wait thirty (30) minutes from the time set in the notice of hearing to commence the hearing. (3) When the respondent fails to appear for the hearing within the time specified in section (2), evidence shall be presented in support of the complaint, which shall constitute the sole evidentiary basis for disposition and the respondent shall be deemed to have waived any evidentiary and other objections at the hearing. (4) The commission, in its discretion and upon such terms as may be just, may set aside its findings of fact, conclusions of law, and order and reopen the hearing if the respondent files a written motion which establishes that the default was the result of an excusable mistake or circumstance beyond his/her control. The motion shall be filed within five (5) business days after the respondent defaults and accompanied by— (A) A sworn written statement(s), together with supporting documentation, setting forth the facts of the alleged excusable mistake or the circumstances beyond the control of the party; and (B) The opposing party shall have ten (10) days to reply to the motion to reopen the hearing. AUTHORITY: section 105.955.14(7), RSMo Supp. 2015.* Original rule filed March 24, 1997, effective Sept. 30, 1997. Amended: Filed Sept. 1, 2015, effective Feb. 29, 2016. *Original authority: 105.955, RSMo 1991, amended 1994, 1995, 1996, 1997, 1999, 2010, 2015.