PURPOSE: This rule describes the procedures when a party fails to appear at a contested case hearing and for requesting relief from that default.
- (1) Default may occur where a party has been served with notice of hearing and fails to appear at the scheduled hearing.
- (2) Unless notified by the party, the commission shall wait no longer than thirty (30) minutes from the time set for hearing in the notice of hearing to commence the hearing.
- (3) When the respondent fails to appear at the specified time and place for the hearing, evidence shall be presented in support of the complaint, which shall constitute the sole evidentiary basis for disposition and the respondent shall be deemed to have waived any evidentiary and other objections at the hearing.
- (4) The commission, in its discretion and upon such terms as may be just, may entertain a motion for rehearing filed within five
(5) days after the respondent defaults at hearing, if the respondent establishes that the default was the result of an excusable mistake or circumstance beyond his/her control. The motion for rehearing shall be in writing and accompanied byC
- (A) A sworn written statement(s), together with supporting documentation, setting forth the facts of the alleged excusable mistake or the circumstances beyond the control of the party; and
- (B) The opposing party and any witnesses who appeared at the date and time originally scheduled for the hearing shall have ten (10) days to reply to the motion for rehearing.
AUTHORITY: section 105.955.14(7), RSMo (Cum. Supp. 1996).* Original rule filed March 24, 1997, effective Sept. 30, 1997.
*Original authority 1991, amended 1994, 1995, 1996.