644.066. Public hearings, how conducted--transcripts available--discovery proceedings--hearings before single commissioner, when--final orders, how approved.
Public hearings, how conducted--transcripts available--discoveryproceedings--hearings before single commissioner, when--final orders,how approved.
644.066. 1. At any public hearing all testimony taken before thecommission shall be under oath and recorded stenographically. Thetranscript so recorded shall be made available to any member of the publicor to the respondent or party to a hearing on a complaint, or any party toa hearing on a petition for variance, or appealing any order ordetermination of the director upon payment of the usual charge therefor.
2. In any such hearing, any member of the commission or the hearingofficer shall issue in the name of the commission notice of hearing andsubpoenas. Subpoenas shall be issued and enforced as provided in section536.077, RSMo. The rules of discovery that apply in any civil case applyto hearings held by the commission.
3. (1) All hearings to promulgate standards, rules, limitations, andregulations and to establish areas of the state shall be held before atleast four members of the commission;
(2) All other hearings may be held before one commission memberdesignated by the commission chairman or by a hearing officer who shall bea member of the Missouri Bar and shall be appointed by the commissionchairman. The hearing officer or commission member shall preside at thehearing and hear all evidence and rule on the admissibility of evidence.The hearing officer or commission member shall make recommended findings offact and may make recommended conclusions of law to the commission;
(3) All final orders or determinations or other final actions by thecommission shall be approved in writing by at least four members of thecommission. Any commission member approving in writing any final order ordetermination or other final action, who did not attend the hearing, shalldo so only after reviewing all exhibits and reading the entire transcript.
(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000 S.B. 741)*Transferred 1986; formerly 204.066