Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment changes the location for
posting the public notice of a hearing, adds a requirement of audio recording
of the hearing, clarifies what must be recited into the record in an audio
taped hearing, allows for hearing by telephone, and sets forth how a telephone
hearing is requested and conducted, with responsibilities for parties or
witnesses participating by telephone.
(1) A revocation or suspension hearing will
be conducted in the following manner:
(A) All
hearings will be open to the public. All parties have a right to be present and
to be represented by counsel, if they so desire. Notice of the hearing will be
posted prominently in the Office of the Secretary of State, Commissions
Division, 600 W. Main Street, Jefferson City, MO 65101;
(B) All hearings will be audio recorded. Upon
request, and at the expense of a party to the proceeding making the request,
the secretary of state's office will cause the hearing to be transcribed by a
court reporter present for the hearing. Any other party may obtain a copy of
the transcript upon the payment of the costs of preparation;
(C) If the hearing is not transcribed, the
audio record will contain-
1. A listing of
all materials filed in connection with the hearing;
2. A listing of all documents and exhibits
submitted as evidence;
3. All
matters officially noticed; and
4.
All offers of proof, objections, and rulings;
(D) Evidence shall be received in the
following manner:
1. Oral evidence shall be
taken only on oath or affirmation;
2. Each party shall have the right to call
and examine witnesses, to introduce exhibits, to cross-examine opposing
witnesses on any matter relevant to the issues even though that matter was not
subject to the direct examination, to impeach any witness regardless of which
party first called him/her to testify, and to rebut the evidence against
him/her; and
3. Copies of writings,
documents and records shall be admissible without proof that the originals
thereof cannot be produced if it appears by testimony or otherwise that the
copy offered is a true copy of the original; and
(E) The order in which evidence will be
presented is as follows:
1. The secretary of
state's representative shall present evidence first;
2. The notary shall then have the opportunity
to present his/her evidence in the same manner;
3. Each party has the right to rebut the
evidence presented; and
4. Closing
statements may be made by each party in the order evidence was presented;
and
(F) The burden of
proof will be on the secretary of state's representative, and the standard of
proof shall be a preponderance of the evidence.
(2) Notice of the date, time, and place of
the hearing will be sent by certified mail to the notary at the address on file
with the secretary of state's office.
(3) A revocation hearing may be conducted by
telephone upon request of the notary as set forth in 15 CSR
30-100.015(suspension) or
15 CSR
30-100.020(revocation).
(A) The telephone hearing will be scheduled
with notice sent by certified mail to the notary at the address on file with
the secretary of state.
(B)
Telephone hearings shall have the following additional requirements:
1. The attorney and any witnesses for the
secretary of state may be present in person while the notary is present by
telephone;
2. Parties to telephone
hearings shall mail copies of potential exhibits to the other party in
sufficient time for the exhibit to reach those locations prior to the
hearing;
3. A notary or his/her
attorney shall mail potential exhibits to the Office of the Secretary of State,
Commissions Division, PO Box 784, Jefferson City, MO 65102; and
4. Each potential exhibit shall be designated
as a potential exhibit and paginated.
(C) Telephone hearings are evidentiary
proceedings conducted for the convenience of the notary, and the parties have
the following responsibilities:
1. The
connection must be of sufficient quality that the persons participating can be
clearly heard, and the call will not be unintentionally disconnected (due to
things such as poor cellular reception);
2. The hearing shall not be subject to
interruptions by the parties to attend to non-hearing matters;
3. The parties should be in a location where
there will not be unreasonable background noise.
(D) Any witnesses participating by telephone
are subject to the same requirements as in subsection (3)(C).
(E) If a party or witness leaves the phone
for any reason, or the connection is disconnected, all such action shall be
considered voluntary, and the hearing shall proceed without such party or
witness.