Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment makes commission procedure
more consistent with procedure in the circuit courts regarding the content of
the record on appeal and the procedure by which the commission shall cause the
record to be certified to a court or agency.
(1) Record Defined.
(A) As used in this rule, the term record has
the meaning set forth in section 536.130.1, RSMo.
(B) Such
record shall consist of any one (1) of the following:
1. Such parts of the record, proceedings and
evidence before the commission as the parties by written stipulation filed with
the commission may agree upon before the commission has certified the
record;
2. Any agreed statement of
the case that is agreed to by all the parties and approved as correct by the
commission; or
3. A complete
transcript of the entire record, proceedings and evidence before the
commission, but any matter not essential to the decision of the questions
presented by the complaint may be omitted, but the commission's decision, order
and findings of fact and conclusions of law shall be included in every case.
Documents may be abridged by the omission of irrelevant and formal parts
thereof, including, but not limited to, briefs, proposed findings of fact and
proposed conclusions of law, hearing notices, miscellaneous correspondence,
motions, objections and responses, or commission orders not material to the
decision.
(2)
The commission shall certify and transmit the record as follows.
(A) Agency. In any case under section
621.110,
RSMo , in which the commission finds that there is cause for discipline, the
commission shall cause the record to be certified and transmitted to the
agency.
(B) Circuit Court. The
commission shall cause the record to be certified to, and filed with, a circuit
court as provided in Supreme Court Rule 100.01 within thirty (30) days of the
date on which it receives a copy of the petition for judicial review as set
forth in section
536.110,
RSMo .
(C) Appellate Court. The
commission shall cause the record to be certified to, and filed with, an
appellate court of original jurisdiction as provided in Supreme Court Rule
100.02 within thirty (30) days of the date on which it receives a copy of the
petition for judicial review or notice of appeal as set forth in Supreme Court
Rule 100.02(d).
(3) Any
party may file a motion with the commission for an amended certification. The
commission may file an amended certification to include specified matters
omitted from the original certification. The commission shall not file an
amended certification deleting matters included in the original
certification.
*Original authority: 621.198, RSMo 1965, amended 1978,
2001.
