PURPOSE: This rule describes the procedures for the setting of, continuance of and order of proof in hearings on complaints.

1. (1) Notice. The commission shall serve the initial notice of the place, date and time upon which it will hold the hearing on an agency’s complaint on all parties by certified mail or by personal delivery. The commission may serve any other notice of hearing, or any notice resetting the hearing, by certified mail, regular mail, personal delivery, or any other method provided by law.
2. (2) Location. The commission will hold all hearings in Jefferson City, Missouri, except as otherwise provided by statute or when one
3. (1) of the parties shows good cause to hold the hearing elsewhere within the state.

4. (3) Date.

   1. (A) First Setting. Unless otherwise provided by statute or with the consent of the parties, the commission shall hold no hearing fewer than twenty (20) days after the first issuance of notice.
   2. (B) Resettings. If the commission resets the hearing, it shall send out an amended notice. If the reset date is later than the first setting, the commission may hold the hearing fewer than twenty (20) days from the date of the issuance of the amended notice.
5. (4) Continuances. The commission may continue the hearing date upon notice to the parties. Any party may move for a continuance. The motion shall state good cause for the continuance.

6. (5) Order of Proof. Regardless of which party has the burden of proof, the parties shall present evidence in the following order unless the commission orders otherwise:

   1. (A) In any case in which an applicant is a party, the applicant shall present evidence first; and
   2. (B) In any other case, the agency shall present evidence first. 1 CSR 15-2

AUTHORITY: section 621.198, RSMo 1994.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effective May 28, 1995.

*Original authority: 621.198, RSMo 1965, amended 1978.