Mo. Code Regs. tit. 2 § 90-10.180

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 2 CSR 90-10.180 - Contents of the Record, Commission Order and Applications for Rehearing

PURPOSE: This rule establishes the contents of the evidentiary record and procedures for issuance of the commission order.

(1) The record shall consist of the following:

(A) The commission's notice to respondent, the request for hearing, all motions, rulings on the request for hearing, and all other matters;

(B) All evidence received;

(C) A statement of matters officially noticed;

(D) Offers of proof, objections, and ruling on them;

(E) All pleadings filed by either party;

(F) The transcript of the hearing; and

(G) All briefs filed by either party.

(2) Oral proceedings, or any part of them, shall be stenographically recorded or recorded by other means which adequately insure the preservation of the testimony or oral proceedings, and shall be transcribed on request of any party. The transcript shall be paid for by the requesting party.

(3) Commission Order.

(A) The record of a case shall stand submitted for consideration by the commission after the recording of all evidence or, if applicable, after the filing of briefs or the presentation of oral argument.

(B) The commission's order shall be in writing and shall be issued as soon as practicable after the record has been submitted for consideration.

(C) Every order of the commission shall be served by mailing a certified copy, with postage prepaid, to all parties of record.

(D) The commission may, at its discretion, issue a preliminary order and allow parties to provide responses to the preliminary order. The commission may then issue its order after reviewing the responses of the parties.

(E) As technology permits, and where the parties have provided their electronic mail address, the commission will attempt to issue an electronic copy of each order.

(F) The commission's order shall be deemed final twenty (20) days after it is rendered.

(4) Applications for Rehearing.

(A) Applications for rehearing of the commission's decision may be filed within twenty (20) days of the date of the order. The commission's order shall be considered final after rehearing, if granted, or the date when all applications for rehearing are overruled. An application for rehearing shall be deemed overruled for all purposes if the commission does not rule on it within sixty (60) days after the date the application is filed.

(B) At any time before a final order is issued, the commission may, on its own motion, reconsider, correct, or otherwise amend any order or notice issued in the case.

2 CSR 90-10.180

Adopted by Missouri Register September 16, 2019/Volume 44, Number 18, effective 10/31/2019