Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: The purpose of these rules is to facilitate
a fair and orderly hearing respecting questions arising from the administration
of sections 70.600-70.760, RSMo 1986 and the system membership status of any
person, all as provided in the sections and, in particular, by sections
70.605.16,
70.605.21,
and 70.630.3, RSMo 1986.
(1)
Definitions. The definitions found in section
70.600,
RSMo (1986) are applicable to these rules unless otherwise specifically
provided or unless plainly contrary to the intent of the rule.
(2) Powers and Duties.
(A) The board of trustees shall cause
hearings to be conducted and shall make findings of fact and conclusions of law
respecting questions arising from the administration of sections 70.600-70.760,
RSMo 1994 and questions concerning the system membership status of any
person.
(B) The conduct of hearings
and proceedings by the board of trustees shall be governed by these rules and
the provisions of sections 70.600-70.760, RSMo 1994.
(C) Hearings may be conducted by a hearing
officer who shall be appointed by the board. The hearing officer shall preside
at the hearing and hear all evidence and rule on the admissibility of evidence.
The hearing officer shall make recommended findings of fact and may make
recommended conclusions of law to the board. All final orders or determinations
or other final actions by the board shall be approved in writing by at least
four members of the board. Any board member approving in writing any final
order, determination, or other final action, who did not attend the hearing,
shall do so only after certifying that he or she reviewed all exhibits and read
the entire transcript of the hearing.
(3) Initiation of Hearings and Proceedings.
(A) A hearing or proceeding may be initiated
by a beneficiary, the board of trustees, an employer, a member, a retirant, the
legal advisor of the board of trustees or any person who seeks to become or
claims to be a beneficiary, employer, member or retirant.
(B) All hearings and proceedings shall be
initiated by petition in writing filed with the executive secretary of the
board of trustees. No technical forms of pleadings are required. The petition
shall give the full name and address of the petitioner and his/her counsel and
shall be signed by the petitioner or his/her counsel. Sufficient copies of the
petition shall be furnished by the petitioner to provide a copy for each member
of the board of trustees, the executive secretary of the board, the legal
advisor of the board and for each necessary party to the proceeding. Suitable
space shall remain on the caption of the petition for appropriate
identification. All averments shall be in numbered paragraphs. A petition shall
state briefly and concisely the relevant facts from which arise and which
present the question(s) respecting the administration of sections
70.600-70.760, RSMo (1986), or the system membership status of any person or
rules pertaining to same.
(C) Upon
receipt of a petition, the executive secretary of the board of trustees shall
cause a copy of the petition to be furnished to each member of the board of
trustees and to the legal advisor of the board of trustees and shall cause a
copy of the petition to be served upon all necessary parties by certified mail.
Necessary parties shall mean interested parties as that term is used in section
70.605.16., RSMo (1986).
(D) Any
petition seeking an administrative hearing pursuant to the provisions of this
section shall be filed with the executive secretary of the board of trustees no
later than sixty (60) days from the date of notification of the decision or
action upon which the petition is based.
(4) Answers and Other Pleadings. An
interested party has the right to file an answer in response to any petition,
which answer shall be in writing and must admit or deny the various averments
of the petition. The answer may also contain an affirmative statement of facts
believed to be relevant to the issues raised in the petition. The answer shall
be signed by the interested party or his/her counsel and filed with the
executive secretary of the board of trustees. Sufficient copies shall be
furnished to provide a copy for each member of the board of trustees, the
executive secretary and the legal advisor. A copy shall be mailed by the
interested party to the petitioner. Answers must be filed within twenty (20)
days following the mailing of the petition by the executive secretary to the
interested parties unless a shorter time is specified in a notice accompanying
the petition which shall not be less than five (5) days.
(5) Amendments and Supplementary Pleadings.
Petitions may be amended without leave prior to the filing of an answer and
thereafter, by leave or by agreement. Answers may be amended without leave at
any time prior to five (5) days preceding the hearing and thereafter only by
leave. Motions and additional pleadings may be filed when appropriate with
copies to be furnished and distributed as provided for answers in
16 CSR
20-3.010(4).
(6) Prehearing Conferences. Prehearing
conferences may be held at the direction and with or without the presence of
the board of trustees upon the request of the legal advisor to the board, the
petitioner, or any interested party for the purpose of the simplification of
the issues, the stipulation of facts and documents to avoid unnecessary proof
and other appropriate matters.
(7)
Hearings and Notice.
(A) All hearings shall
be held in Jefferson City, Missouri, at a place and at a time specified in the
notice, unless the convenience of the board of trustees and the parties
requires a special setting at another place.
(B) Each petition mailed to an interested
party by the executive secretary may be accompanied, at his/her discretion, by
a notice of the place, date and time the hearing on the petition will be held.
A copy of the notice of hearing will also be mailed to the petitioner and to
the legal advisor to the board of trustees. The notice of hearing may be served
at a later date if the circumstances warrant at the discretion of the executive
secretary. In such case, a notice of the filing of the petition, without a
hearing date, shall accompany the petition and be furnished each interested
party and the legal advisor to the board of trustees. The notice shall also
identify the proceeding and inform each interested party of his/her right to
file an answer within twenty (20) days of the date of the notice.
(C) The hearing date may be continued from
time-to-time by the board of trustees and upon notice to the parties. Any party
may request a continuance for good cause. Notice shall be given to all parties
by ordinary mail of a continuance and any new hearing place, date and
time.
(D) All hearings shall be
open to the public. All parties have the right to be present and to be
represented by legal counsel.
(E)
The petitioner will present his/her proof, following which other parties shall
present their proof in an order determined by the board of trustees. Written
stipulations may be filed respecting the facts.
(F) The proceedings in all hearings shall be
suitably recorded and preserved by the board of trustees who shall cause to be
prepared one (1) copy of the transcript of the hearing, unless the preparation
is waived by all parties. Additional copies of the transcript will be prepared
at the request and expense of the party(ies) requesting the copies.
(8) Decisions. The board of
trustees shall make findings of fact and conclusions of law and enter its
decision. A copy shall be mailed to all parties or their counsel, by certified
mail, on or prior to the effective date of the decision.
(9) Judicial Review. Any party adversely
affected by the decision may seek judicial review under the provisions of
chapter 536, RSMo (1986).
*Original authority: 70.605, RSMo 1967, amended 1974, 1992,
2000.
