PURPOSE: This rule provides under what circumstances the director may consider additional evidence and provides a right to review and respond to evidence.

1. (1) If any additional evidence comes to the attention of the director after the notice of action has been mailed, s/he may not consider that evidence unless—

   1. (A) The licensee is given written notice of the director’s intention to rely on the evidence; and
   2. (B) The licensee is given an opportunity to review and respond to the evidence.
2. (2) Written notice under section (1) of this rule shall contain copies of any documents or summaries of any witness testimony on which the director intends to rely.
3. (3) The licensee shall have fifteen (15) days from receipt of the notice provided in this rule to respond to any additional evidence. The fifteen (15)-day period shall be independent of any other time limit in this chapter.

AUTHORITY: section 313.220, RSMo 1986.* Original rule filed April 9, 1986, effective April 19, 1986. *Original authority: 313.220, RSMo 1985, amended 1988, 1993, 1995.