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.

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) The commission shall certify and transmit the record as follows.

   1. (A) Agency. In any case under section 621.110, RSMo 2000, in which the commission finds that there is cause for discipline, the commission shall cause the record to be certified, and transmitted, to the agency.
   2. (B) Circuit Court. The commission shall cause the record to be certified to, and filed with, a circuit court as provided in Supreme Court Rule 100.01 within thirty (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 2000.
   3. (C) Appellate Court. The commission shall cause the record to be certified to, and filed with, an appellate court of original jurisdiction as provided in Supreme Court Rule 100.02 within ninety (90) days of the date on which it receives a copy of the petition for judicial review or notice of appeal as set forth at Supreme Court Rule 100.02(d).
3. (3) 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 Supp. 2001.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed June 3, 2002, effective Nov. 30, 2002.

*Original authority: 621.198, RSMo 1965, amended 1978, 2001.