PURPOSE: This rule sets forth the content of the record and the procedure by which the commission shall cause the record to be certified to a court or to a licensing agency.

1. (1) Record Defined.

   1. (A) As used in this rule, the term record has the meaning set forth in section 536.130.1(3), RSMo (1986), unless the parties agree otherwise as provided by section 536.130.1(1) or (2), RSMo.

   2. (B) Unless a party specifically and in writing requests otherwise before the commission has certified the record, the record shall not include:

      1. 1. Briefs;
      2. 2. Proposed findings of fact; and
      3. 3. Proposed conclusions of law.
2. (2) Agencies. In any case under section 621.110, RSMo (1986) in which the commission finds that there is cause for discipline, the commission shall cause the record to be certified to the agency on the day it renders its findings of fact and conclusions of law.

3. (3) Courts. The commission shall file the record with the appropriate court.

   1. (A) The commission shall cause the record to be certified to a circuit court as provided in Supreme Court Rule 100.01 within thirty

4. (30) days of the date on which it receives a copy of the petition for judicial review, as set forth in section 536.110, RSMo (1986).

   1. (B) The commission shall cause the record to be certified to an appellate court as provided in Supreme Court Rule 100.02 within ninety (90) days of the date on which it receives notice that a party has sought judicial review in the appellate court.
5. (4) Any party may file a motion with the commission for an amended certification. The commission may file an amended certification to include specified matters omitted from the certification. The commission shall not file an amended certification deleting matters included in the certification.

AUTHORITY: section 621.198, RSMo 1986.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992.

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