Missouri Code of State Regulations
Title 1 - OFFICE OF ADMINISTRATION
Division 15 - Administrative Hearing Commission
Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law
Section 1 CSR 15-3.446 - Decision on the Complaint without a Hearing
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment states the commission's preference that motions for summary decision be drafted as required by the circuit courts.
(1) Generally. Decision without hearing means a disposition, or recommended disposition, of the complaint on the merits. It includes a decision on the pleadings, summary decision, and consent order in cases under section 621.045, RSMo. The commission may grant a motion for decision without hearing in favor of any party, including a party who did not file the motion. On any motion under this rule, the commission may allow such written argument as it deems helpful and may rule on the motion without oral argument.
(2) Any party may file a motion for a decision without hearing on all or any part of the complaint except that, unless the commission grants leave otherwise, no party shall file a motion for decision without hearing-
(3) Decision on Stipulated Facts. The parties may file a stipulation of facts and may waive hearing before the commission. The parties or their attorneys shall sign the stipulation.
(4) Decision on the Pleadings. A decision on the pleadings is a decision without hearing based solely on the complaint and the answer. The commission may grant a motion for decision on the pleadings if a party's pleading, taken as true, entitles another party to a favorable decision. Petitioner shall not file a motion for decision on the pleadings before the time for filing a responsive pleading has expired, except with the consent of all other parties.
(5) Consent Orders in Cases Under Section 324.038, RSMo, and Contested Cases Under Section 621.045, RSMo. A motion for a consent order shall contain stipulated facts necessary to support the relief sought under the cited legal authority. Parties seeking a consent order under this section shall jointly file a motion that includes substantially the following language:
The parties stipulate that (party) committed the following conduct:
(Conduct).
(Party) admits that such conduct is cause for (the relief sought) under the following legal authority:
(Legal Authority).
Therefore, the parties agree to (the relief sought).
(6) Summary Decision. Summary decision is a motion for decision without hearing that relies on matters outside the pleadings and is not filed jointly by all parties.
*Original authority: 536.073, RSMo 1957, amended 1985, 1989, 1995; 621.035, RSMo 1978; and 621.198, RSMo 1965, amended 1978, 2001.