Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule describes the introduction of
evidence at a public hearing.
(1) Rulings on evidence offered at hearings
shall be made in accordance with sections
536.063
to
536.090,
RSMo. Objections or motions not ruled on at the hearing shall be considered
with the record. Evidence concerning terms or offers of settlement made during
endeavors to conciliate shall not be admitted into the record.
(2) When objections to the admission or
exclusion of evidence before the commission are made, the grounds relied upon
shall be stated briefly.
(3) All
testimony to be taken at the hearing, except matters officially noticed or
entered by stipulation, shall be sworn or affirmed. This may include testimony
given on deposition or by affidavit.
(4) Expert Witnesses.
(A) The commission may require, at least ten
(10) days prior to the hearing, that the parties to the hearing-
1. Identify each person expected to be called
as an expert witness at the hearing;
2. State the subject matter on which the
expert is expected to testify; and
3. State the substance of the facts and
opinions to which the expert is expected to testify.
(B) Where the presiding commissioner
determines that a party failed to timely comply in providing the information
required under subsection (4)(A) of this rule, the witnesses and any previously
offered evidence by the witnesses may be excluded from the hearing.
(5) Interpreter.
(A) When a disabled person, or person who
cannot speak or understand the English language, is a respondent in a hearing,
the party is entitled to a qualified interpreter. In order to obtain the
services of an interpreter, a party shall notify the commission at least ten
(10) days prior to the date the interpreter will be needed.
(B) Upon receipt of the request, the
executive director at the direction of the commission shall arrange for the
services of an interpreter and shall notify the parties of the identity of the
interpreter. The commission shall compensate the interpreter where
necessary.
(C) A member of the
commission staff may serve as an inter preter where all parties consent on the
record.
(6) Exhibits.
(A) Exhibits shall be marked upon receipt by
the commission and the marking shall identify the party offering the exhibit.
Admitted and excluded exhibits shall be preserved by the commission as part of
the record of the proceedings. Excluded exhibits shall be retained by the
commission only if the party seeking to introduce the document as an offer of
proof specifically requests the document to be placed in an excluded exhibit
file.
(B) All paper exhibits shall
be no longer than eight and one-half by eleven inches (8 1/2 x 11") in size and
the party presenting an exhibit must submit the exhibit and seven(7) copies to
the commission and must provide one (1) copy to each of the other parties at
the time the exhibit is marked.
(C)
Larger exhibits are allowed; however, in order to be included in the record,
the information contained in the exhibit must be reduced to paper eight and
one-half by eleven inches (8 1/2 x11") in size by the party offering the
exhibit.
(D) Variation from the
requirements in section (7) will be allowed with leave of the commission only
in cases where there is no reasonable alternative.
(7) The commission may take notice of
judicially recognizable facts and of general, technical or scientific facts.
The parties shall be notified at any time during a proceeding of material
officially noticed and they will be afforded the opportunity to contest the
facts so noticed. The notice required by this section shall be given to the
party prior to the issuance of decision and order in the matter.
*Original authority: 105.955, RSMo 1991, amended 1994,
1995, 1996, 1997, 1999.
