Mo. Code Regs. tit. 20 § 4240-2.115

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

Section 20 CSR 4240-2.115 - Stipulations and Agreements

PURPOSE: This amendment requires a party that objects to a stipulation and agreement to state the specific provisions of the stipulation and agreement to which it objects and the specific reasons it objects to those provisions.

(1) Stipulations and Agreements.

(A) The parties may at any time file a stipulation and agreement as a proposed resolution of all or any part of a contested case. A stipulation and agreement shall be filed as a pleading.

(B) The commission may resolve all or any part of a contested case on the basis of a stipulation and agreement.

(2) Nonunanimous Stipulations and Agreements.

(A) A nonunanimous stipulation and agreement is any stipulation and agreement which is entered into by fewer than all of the parties.

(B) Each party shall have seven (7) days from the filing of a nonunanimous stipulation and agreement to file an objection to the nonunanimous stipulation and agreement. The objecting party shall identify the specific provision of the stipulation and agreement that is objected to and provide a reason for each objection. Failure to file a timely objection shall constitute a full waiver of that party's right to a hearing.

(C) If no party timely objects to a nonunanimous stipulation and agreement, the commission may treat the nonunanimous stipulation and agreement as a unanimous stipulation and agreement.

(D) A nonunanimous stipulation and agreement to which a timely objection has been filed shall be considered to be merely a position of the signatory parties to the stipulated position, except that no party shall be bound by it. All issues shall remain for determination after hearing.

(E) A party may indicate that it does not oppose all or part of a nonunanimous stipulation and agreement.

20 CSR 4240-2.115

AUTHORITY: section 386.410, RSMo 2000.* This rule originally filed as 4 CSR 240-2.115. Original rule filed June 9, 1987, effective Sept. 15, 1987. Rescinded and readopted: Filed Aug. 24, 1999, effective April 30, 2000. Amended: Filed March 26, 2002, effective Nov. 30, 2002. Moved to 20 CSR 4240-2.115, effective Aug. 28, 2019.

Amended by Missouri Register September 16, 2024/volume 49, Number 18, effective 10/31/2024.

*Original authority: 386.410, RSMo 1939, amended 1947, 1977, 1996.