PURPOSE: This rule describes the procedures for the setting of, continuance of, and order of proof in hearings on complaints.
- (1) Notice. The commission shall serve notice of the place, date, and time upon which it will hold the hearing on a complainti or any notice resetting the hearing, on all partxs by certified mail, regular mail! personal delivery, or any other method prowded by law.
- (2) Location. The commission will hold all hearings in Jefferson City, Missouri, except as otherwise provided by statute or when one (1) of the parties shows good cause to hold the hearing elsewhere within the state.
(3) Date.
- (A) First Setting. Unless otherwise provided by statuteortiththeconsent oftheparties, the commission shall hold no hearing fewer than twenty (20) days after the first issuance of notice.
- (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 less than twenty (20) days from the date of the issuance of the amended notice.
- (4) Continuances. The commission may continue the hearing date upon notice to the parties. Any party may move for a continuance.Themotionshallstategoodcausefor the continuance.
(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:
- (A) In any case in which the department denies 8n application to participate in any program(s) established under the provisions of Chapter 208, RSMo, the department shall present its case first; and
- (B) In any other case, the petitioner shall present its case first.
Auth: section 621.198, RSMo (1994).* Original rule f&d Aug. $1991, effective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effectiue May Z&1995.