444.789. Administrative procedure--inapplicability to public meetings.
Administrative procedure--inapplicability to public meetings.
444.789. 1. Any hearing pursuant to this section shall be of recordand shall be a contested case.
2. Parties to such a hearing may make oral argument, introducetestimony and evidence, and cross-examine witnesses.
3. The hearing shall be before the commission or the chairman of thecommission may designate one commission member as hearing officer, or mayappoint a member in good standing of the Missouri Bar as hearing officer tohold the hearing and make recommendations to the commission, but thecommission shall make the final decision thereon and any memberparticipating in the decision shall review the record before making thedecision.
4. In any such hearing any member of the commission may issue in thename of the commission notice of hearing and subpoenas as provided for insection 536.077, RSMo.
5. The rules of discovery that apply to any civil case shall apply tohearings held by the commission.
6. The administrative procedures in this section shall not apply tothe public meetings pursuant to section 444.773.
(L. 1990 H.B. 1584, A.L. 2001 H.B. 453)