Missouri Code of State Regulations
Title 15 - ELECTED OFFICIALS
Division 30 - Secretary of State
Chapter 55 - Hearings Under Securities Act
Section 15 CSR 30-55.090 - Procedure at Hearing
Universal Citation: 15 MO Code of State Regs 30-55.090
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule states the procedures and rules of evidence to be followed at the hearing.
(1) Prehearing Motions. The commissioner or Administrative Hearing Commission may consider any motions to dismiss, motion to vacate, motions for summary judgment, or any other dispositive motions prior to commencement of the hearing on the merits.
(2) Evidence. The order in which the evidence will be presented is as follows:
(A) The
Securities Division shall present its evidence first. The burden of proof in a
hearing on the merits in matters relating to an order of the commissioner, or
the failure of the commissioner to act, shall be on the Securities Division.
The burden of proof for affirmative defenses, including exemptions and
exceptions from definition, shall be upon the party claiming the affirmative
defense.
(B) All witnesses may be
cross-examined on any relevant issue even though that matter was not the
subject of direct examination and may be impeached regardless of which party
first called him/her to testify;
(C) Other parties shall then present their
evidence;
(D) Each party has the
right to rebut the evidence presented;
(E) The commissioner and Administrative
Hearing Commission shall have the authority to administer oaths and
affirmations, to rule on the admission or inclusion of evidence, and to take
the necessary steps to insure a fair and orderly conduct of the hearing. S/he
shall follow section
536.070,
RSMo governing admission of evidence in administrative hearings; and
(F) The commissioner and Administrative
Hearing Commission shall take official notice of all matters of which courts
take judicial notice. Technical facts, not judicially cognizable may be
officially noted if they are within his/her competence provided that the
parties are notified and are given a chance to contest these facts or show that
official notice would not be proper.
(3) Closing Arguments. All parties may make closing statements. The party with the burden of proof shall have the opportunity for rebuttal argument.
*Original authority: 409.6-605; RSMo 2003.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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