PURPOSE: This rule establishes the duties and powers of a hearing officer.

1. (1) The department shall designate a hearing officer or hearing officers to conduct hearings and prehearing conferences as set forth in 12 CSR 10-26.140 and 12 CSR 10-26.170. A hearing officer for such purposes shall be empowered to make decisions concerning the conduct of hearings on behalf of the department.

2. (2) A hearing officer shall be authorized to—

   1. (A) Administer oaths or affirmations to witnesses;
   2. (B) Issue subpoenas for the attendance of witnesses or the production of documents and other tangible items;
   3. (C) Rule on questions of evidence;
   4. (D) Rule on motions which may be filed during the course of proceedings; and
   5. (E) Make any orders and rulings necessary to maintain order and decorum at hearing.
3. (3) A hearing officer shall cause the record of proceedings to be suitably recorded and preserved.
4. (4) Following hearing, a hearing officer shall prepare a proposed decision, separately stating findings of fact and conclusions of law. AUTHORITY: section 301.553, RSMo Supp. 1998.* Original rule filed Nov. 1, 1999, effective May 30, 2000.

*Original authority: 301.553, RSMo 1988, amended 1989, 1993, 1995, 1997.