Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule describes the general procedures
for hearings authorized in review of mergers and acquisitions.
(1) Rules of Procedure. The hearings before
the director pursuant to sections
375.355,
382.060,
and
382.095,
RSMo are governed by the rules of this chapter, the rules of Division 800,
Chapter 1 concerning contested case proceedings, and Chapter 536,
RSMo.
(2) Place of Filing. If the
matter is to be heard by the director, all pleadings, documents, and requests
to be filed with the department in connection with a hearing shall be
delivered, mailed, addressed, or submitted to or filed with the director at the
Department of Commerce and Insurance, PO Box 690, 301 West High Street,
Jefferson City, MO 65102. The party filing pleadings or documents shall serve
by mail copies of all filed pleadings or documents on all parties.
(3) Service of Hearing Order/Notice of
Hearing. Service of the notice of hearing shall be effected upon all parties
involved promptly upon issuance of the hearing order and notice, but not less
than ten (10) days before the date designated for the hearing either by United
States mail, postage prepaid, certified, or registered, addressed to the
parties' last known address or by another means of personal service.
(4) Form of Documents.
(A) Except as otherwise provided, one (1)
original and two (2) copies of all documents initiating proceedings shall be
signed by the party or by his/her authorized representative or attorney and
filed with the director.
(B)
Documents shall leave sufficient space to enter the file hearing number and the
title of the proceeding in connection with which they are filed.
(C) Documents shall be typewritten or
reproduced from typewritten copy on eight and one-half inch by eleven inch (8
1/2" x 11") white paper.
(D) A
certified copy may be submitted in lieu of the original.
(5) Computation of Time.
(A) In computing any period of time
prescribed or allowed by this regulation or by any applicable statute, the day
of the act, event, or default after which the designated period of time begins
to run is not to be included. The last day of the period so computed is to be
included, unless it is a Saturday, Sunday, or legal holiday, in which event the
period runs until the end of the next day that is neither a Saturday, Sunday,
nor a legal holiday. When the period of time prescribed or allowed is less than
seven (7) days, intermediate Saturdays, Sundays, and legal holidays are
excluded in the computation.
(B)
Notice requirements are construed to mean notice received, but proof that
notice was dispatched by means reasonably calculated to be received by the
prescribed date is prima facie evidence that notice was timely
received.
(6)
Appearance.
(A) Any person entitled to
participate in any proceedings may appear as follows:
1. A natural person may appear on his/her own
behalf or by an attorney at law licensed to practice in Missouri or
both;
2. A division of the
department may appear by an attorney at law licensed to practice in Missouri;
and
3. A corporation, association,
or other entity shall be represented by an attorney licensed to practice in
Missouri, except a bona fide officer, employee, or
representative may appear on behalf of such entities for preliminary matters
until such time as an attorney is retained.
(B) Attorneys not licensed to practice in
Missouri may appear on motion.
(C)
An attorney appearing in a representative capacity shall file a written entry
of appearance.
(7)
Presiding Officer. The director has the authority to conduct a hearing, take
all necessary action to avoid delay, maintain order, and insure the development
of a clear and complete record. The director possesses all powers necessary to
conduct a hearing including, but not limited to, the power to-
(A) Administer oaths and
affirmations;
(B) Regulate the
course of hearings, set the time and place for continued hearings, fix times
for filing of documents, provide for the taking of testimony by deposition if
necessary, and generally conduct the proceedings according to generally
recognized administrative law and this regulation;
(C) Examine witnesses and direct witnesses to
testify, limit the number of times any witness may testify, limit repetitious
or cumulative testimony, and set reasonable limits on the amount of time each
witness may testify;
(D) Rule upon
offers of proof and receive relevant evidence;
(E) Sign and issue subpoenas that require
attendance giving testimony and the production of books, papers, and other
documentary evidence;
(F) Direct
parties to appear and confer for the settlement or simplification of issues and
to otherwise conduct prehearing conferences;
(G) Dispose of procedural requests or similar
matters;
(H) Render findings of
fact, conclusions of law, decisions, and orders;
(I) Order the filing of written direct
testimony by any party to a hearing. Written direct testimony, if ordered to be
filed, shall be on eight and one-half inch by eleven inch (8 1/2" x 11") paper,
in question and answer form and the truth sworn to before a notary public. The
right to cross-examination of any witness on whose behalf written direct
testimony is filed is mandatory; and
(J) Enter any order necessary and proper to
effectuate any provision of Chapters 354 and 374 through 385, RSMo.
(8) Transcription of Proceedings.
(A) Oral proceedings at which evidence is
presented will be recorded and transcribed by a certified court reporter,
except as otherwise provided by law. Any transcription will be retained through
and including the time allotted for appeal, revision, rehearing, or other
manner of review prior to final disposition as provided for by law.
(B) The transcript and the record offered in
connection with the hearing constitute the official record. The record in an
administrative hearing shall include: prehearing records; all pleadings
(including all notices and answers, motions, and briefs); evidence received; a
statement of matters officially noticed; offers of proof, objections, and
rulings; all orders entered by the director; and findings, conclusions,
opinions, recommendations, and final order of the director.
(9) Existing Statutory or
Department Procedures and Practices. This regulation is not to be construed to
limit or repeal additional requirements imposed by statute or otherwise or to
change existing department procedures which are equivalent to or exceed the
standards of administrative procedure prescribed in this regulation.
*Original authority: 374.045, RSMo 1967, amended 1993,
1995, 2008.
