Mo. Code Regs. Ann. tit. 1, § 15-6.530 – Bench Rulings and Memorandum Decisions PURPOSE: This rule establishes a procedure for parties to obtain a bench ruling OF a memorandum decision, as prouided by section 536.068, RSMo. (I) As used in this rule, a bench ruling is an -- announcement of the ultimate disposition of the case. As used in this rule, a memorandum decision is a writing setting forth the ultimate disposition of the case and the legal analysis supporting the disposition. (2) The parties may move for either a bench ruling or a memorandum decision to dispose of all or any part of the case. The motion shall be in writing, shall be made jointly by all parties and shall include a waiver by all parties of the provisions of section 536.090, RSMo, relating to the rendering of findings of fact and conclusions of law. The motion shall be accompanied by a brief from each party setting forth the operative facts the party expects to show, the issues those facts raise and the authorities which support the conclusion the party seeks. (3) The commission may issue a bench ruling orally on the record. The commission shall issueawrittenformofthe benchrulingnolater than seven (7) days after the conclusion of the hearing or seven (7) days after the motion is filed, whichever is later. The commission shall deliver or send by certified mail to each party the written form of the bench ruling. The date of issuance is the date issued orally on the record or, if not issued orally, the date of the writing. (4) The commission shall issue a memorandum decision no later than seven (7) days after the conclusion of the hearing or wen (7)

(4/2X/95) Rebecca McDowell Cook SPCRUI" Of state

days after the motion is filed, whichever is later. The commission shall deliver or send bq certified mail a copy to each party. Auth: section 621.198, RSMo j1986).* Original rule filed Aug. 5, 1991, effectiue Feb. 6,199Z. ‘Original authority 1965, amended 1978.

1 CSR 154.560 Fees and Expenses PURPOSE: This rule establishes a procedure to allow parties to make application for fees and expenses when authorized by statute 07 other law. (I) Any party authorized by law to be awarded fees or expenses by the commission may apply for an award by filing a complaint with the commission nolater than thirty (30) days after the final disposition of the case: unless a tliar;t procedure or time period 1s provided

(2) The complaint shall identify the party against whom the award is sought, the ..~., commission action in which the party incurred the fees or expenses, and the provision of law which authorizes the award and state in detail the facts which support the award including any relevant conduct by the department. 13) An action under this regulation shall be a contested case. The commission shall assign a separate case number to the action for fees and expenses. The provisions of this chapter, except 1 CSR 15-6.350(1)(B)3. and (l)(C), shall apply to an action under this regulation.
(4) The commission shall determine whether an award shall be made upon a record consistingoftherecordin thecasein which the fees were incurred and any record on the application. Auth: 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 anthority 1965, amended 1978.

1 CSR 154.580 Certifications of Records 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 CSR 15-6 m

(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, unless the parties agree otherwise as provided by section 536.130.1(1) or (2).
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) Filing With a Court.
1. (A) Circuit Court. The commission shall cause the record to be certified to a circuit court as provided by Supreme Court Rule 100.01 within thirty (30) days of the date on which it receives B copy of the petition for judicial review as set forth in section 536.110 RSMo.
2. (B) Appellate Court. The commission shall cause the record to be certified to an appellate court of original jurisdiction as provided in Supreme Court Rule 100.02 within ninety (90) days ofthedateon whichitreceivesnoticethat a party has sought review in that court.
(3) The commission shall file the record with the court.
(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. Auth: section 621.198, RSMo (1986).* Original rule filed Aug. $1991, effectiue Feb. 6,1992. *Original authority 1965, amended ,978.