Missouri Code of State Regulations
Title 2 - DEPARTMENT OF AGRICULTURE
Division 90 - Weights, Measures and Consumer Protection
Chapter 10 - Liquefied Petroleum Gases
Section 2 CSR 90-10.180 - Contents of the Record, Commission Order and Applications for Rehearing
Universal Citation: 2 MO Code of State Regs 90-10.180
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule establishes the contents of the evidentiary record and procedures for issuance of the commission order.
(1) The record shall consist of the following:
(A) The commission's
notice to respondent, the request for hearing, all motions, rulings on the
request for hearing, and all other matters;
(B) All evidence received;
(C) A statement of matters officially
noticed;
(D) Offers of proof,
objections, and ruling on them;
(E)
All pleadings filed by either party;
(F) The transcript of the hearing; and
(G) All briefs filed by either
party.
(2) Oral proceedings, or any part of them, shall be stenographically recorded or recorded by other means which adequately insure the preservation of the testimony or oral proceedings, and shall be transcribed on request of any party. The transcript shall be paid for by the requesting party.
(3) Commission Order.
(A) The record of a case shall stand
submitted for consideration by the commission after the recording of all
evidence or, if applicable, after the filing of briefs or the presentation of
oral argument.
(B) The commission's
order shall be in writing and shall be issued as soon as practicable after the
record has been submitted for consideration.
(C) Every order of the commission shall be
served by mailing a certified copy, with postage prepaid, to all parties of
record.
(D) The commission may, at
its discretion, issue a preliminary order and allow parties to provide
responses to the preliminary order. The commission may then issue its order
after reviewing the responses of the parties.
(E) As technology permits, and where the
parties have provided their electronic mail address, the commission will
attempt to issue an electronic copy of each order.
(F) The commission's order shall be deemed
final twenty (20) days after it is rendered.
(4) Applications for Rehearing.
(A) Applications for rehearing of the
commission's decision may be filed within twenty (20) days of the date of the
order. The commission's order shall be considered final after rehearing, if
granted, or the date when all applications for rehearing are overruled. An
application for rehearing shall be deemed overruled for all purposes if the
commission does not rule on it within sixty (60) days after the date the
application is filed.
(B) At any
time before a final order is issued, the commission may, on its own motion,
reconsider, correct, or otherwise amend any order or notice issued in the
case.
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