Missouri Code of State Regulations
Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION
Division 10 - Missouri Highways and Transportation Commission
Chapter 3 - Utility and Private Line Location and Relocation
Section 7 CSR 10-3.020 - Utility Relocation Hearings and Variance Request Hearings
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment promulgates rules for Variance Request Informal Hearings.
PURPOSE: This rule provides a uniform procedure for administrative hearings concerning variance requests and location and relocation of utility improvements and facilities within the rights-of-way of state highways.
(1) Hearing Authorized.
(2) Notice of Hearing - Utility Relocations. Upon request by the district engineer, the commission's hearing examiner shall prepare a written notice of hearing that includes a plan or drawing indicating the locations within the right-of-way in which utilities may be located and maintained, state when the commission or its contractor is scheduled to begin work on the right-of-way, state the date by which work shall be completed on utilities within the right-of-way, fix the time and place of the administrative hearing, and advise that the purpose of the hearing is to consider the commission's proposed plan of utility location and other incidental matters. The notice of hearing may be served upon each entity, person, or corporation, authorized under section 227.240, RSMo to own or maintain a utility facility within the right-of-way by certified mail, with return receipt requested, at least fifteen (15) days before the date of the hearing.
(3) Hearing Officer. The commission's hearing examiner presides at and conducts the hearing as provided in Chapter 536, RSMo and this rule, including, but not limited to, ruling on all discovery matters, objections, and motions, and having the hearing record transcribed.
(4) Discovery. The parties to the hearing may conduct any method of discovery authorized in Chapter 536, RSMo.
(5) Subpoenas. Witnesses may be summoned to appear and give testimony or to give testimony and produce documents by a subpoena or subpoena duces tecum issued by the hearing examiner at the request of any party as authorized under section 536.077, RSMo.
(6) Evidence, Arguments, and Briefs. The commission shall first present its evidence at the hearing. Then any party may present evidence in opposition. The parties may offer closing arguments before conclusion of the hearing. The hearing examiner may require written briefs to be filed within the time set by the hearing examiner for the use of the commission in reaching a final decision.
(7) Transcript. Any party may obtain a copy of the transcript of the hearing at that party's expense.
(8) Report and Order. As soon as practical after receipt of the transcripts and briefs of the parties, if any, the hearing examiner shall submit to each member of the commission a full copy of the transcript of the proceedings along with a proposed report and order for consideration by the commission.
(9) Final Decision. As soon as practical after receipt of the transcript and proposed report and order, the commission members shall render a final decision in writing.
*Original authority: 227.240, RSMo 1939.