PURPOSE: This rule establishes the procedures of the commission in the deliberation of a hearing.

1. (1) In all review proceedings before it, the commission shall consider the transcript ofthe original hearing, as well as the hearing officer’s Findings of Fact and Conclusions of Law and Opinion. The commission may adopt the decision of the hearing officer, including his/her Findings of Fact and Conclusions of Law and Opinion; may modify any Findings of Fact or Conclusions of Law or any portion of any Opinion; may issue its own Findings of Fact and Conclusions of Law; and may issue any Opinion it believes to be desirable,
2. (2) After review proceedings have been initiated before the commission pursuant to 12 CSR 60.4.020(10) or 12 CSR 60-4.040(g), any interested party may file an application with the commission for permission to submit additional evidence at a hearing before the commission. Any application shall describe specifically the additional evidence to be submitted.
3. (3) In any review proceeding before the commission, upon giving written notice to all parties involved, the commission may conduct a hearing and receive evidence as it deems necessary. 12 CSR CO-4-DEPARTMENT OF REVENUE

4. (4) Deliberations of the commission concerning the evidence presented, its adoption of the hearing officer’s Findings of Fact and Conclusions of Law or determinations of the issues of any hearing shall be closed to the public to ensure free consideration of all the issues by the commissioners. Auth: section 301.553, RSMo (Cunl. Supp. 1989).* Original rule filed July IO, 1989, effeetiue Sept. 28, 1989. Amended: Filed April 18, 1990, effectiue June 28, 1990. XOriginal authority 1988, amended 1989

   Judith K. Moriarty

   CODE OF STATE REGUlATlONS (l/3/94)