Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 4240 - Public Service Commission
Chapter 2 - Practice and Procedure
Section 20 CSR 4240-2.115 - Stipulations and Agreements
Universal Citation: 20 MO Code of State Regs 4240-2.115
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule prescribes the procedure when a nonunanimous stipulation and agreement is presented to the commission.
(1) Stipulations and Agreements.
(A) The parties may at any
time file a stipulation and agreement as a proposed resolution of all or any
part of a contested case. A stipulation and agreement shall be filed as a
pleading.
(B) The commission may
resolve all or any part of a contested case on the basis of a stipulation and
agreement.
(2) Nonunanimous Stipulations and Agreements.
(A)
A nonunanimous stipulation and agreement is any stipulation and agreement which
is entered into by fewer than all of the parties.
(B) Each party shall have seven (7) days from
the filing of a nonunanimous stipulation and agreement to file an objection to
the nonunanimous stipulation and agreement. Failure to file a timely objection
shall constitute a full waiver of that party's right to a hearing.
(C) If no party timely objects to a
nonunanimous stipulation and agreement, the commission may treat the
nonunanimous stipulation and agreement as a unanimous stipulation and
agreement.
(D) A nonunanimous
stipulation and agreement to which a timely objection has been filed shall be
considered to be merely a position of the signatory parties to the stipulated
position, except that no party shall be bound by it. All issues shall remain
for determination after hearing.
(E) A party may indicate that it does not
oppose all or part of a nonunanimous stipulation and agreement.
*Original authority: 386.410, RSMo 1939, amended 1947, 1977, 1996.
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