PURPOSE: This rule establishes the duties and powers of a hearing officer. (1) The commission may appoint a hearing officer to assist the commission in conducting hearings and to conduct original hearings as set forth in 12 CSR 60-4.020 and 12 CSR 60. 4.040. The hearing officer is empowered to make decisions concerning the conduct of hearings on behalf of the commission. (2) The hearing officer is empowered to-

1. (A) Administer oaths or affirmation to witnesses;
2. (B) Issue subpoenas or, when necessary, subpoena for the production of documents and items;
3. (C) Rule on all questions of evidence;

4. (D) Consider and rule on all motions which may be filed during the course of the proceedings; and

   (l/3/94) Judith K. Moriarty secretary 0‘ state

Chapter $-License Denial, Disciplinary Actions and Appeal and Hearing Procedures

1. (E) Make any orders and rulings required to maintain order and decorum at any hearing.

1. (3) The hearing officer may designate an employee of the commission to have the authority to issue subpoenas under subsection (2)(A) of this rule.
2. (4) In all original hearings, the hearing officer shall cause verbatim transcripts ofthe hearing before him/her to be produced and distributed to the commission, together with his/her final decision, Findings of Fact, Conclusions of Law and any further opinion which the hearing officer may prepare.

3. (5) In review hearings before the commission, the hearing officer shall cause verbatim transcripts of the hearing before the commission to be produced and distributed to the commission, together with proposed Findings of Fact, Conclusions of Law and any further opinion which the hearingofficermayprepare.

   Auth: section 301.553, RSMo scum. Supp. 1989/.* Original rule filed July 10, 1989, effective Sept. 28,1989. Amended: Filed April 18, 1990, effective June 28, 1990. ‘Original authority 1988, amended 1969.

12 CSR 63-4.060 Notice of Hearing

PURPOSE: This rule establishes where hearings may be held.

1. (1) All hearings before the hearing officer or commission shall be held in Jefferson City, Missouri unless otherwise provided in the notice of hearing. Under special circumstances and for good cause shown, the licensee or applicant may request a hearing be held in a location other than Jefferson City. That request is subject to commission approval.

2. (2) The hearing officer or the commission, for good cause shown, may continue any hearing at the request of any interested party or on its own motion.

   Auth: section 301.553, RSMo (Cum. Supp. 1989).* Original rule filed July 10, 1989, effective Sept. 28, 1989. Amended: Filed April 18, 1990, effective June 28, f990. *Or&ml authority 1988, amended 1989.

   Judith K. Moriarty (l/3/94)