PURPOSE: This rule tells the manner in which depositions and interrogatories may be taken. . Any party may take and use depositions, written interrogatories, or both, in the same manntr,,upon and under the same conditions, as in ~1~11 actions in the circuit court pursuant to Missouri Rules of Civil Procedure, Rule 57 (section 536.073, RSMo).

Auth: section 409.413, RSMo (1986).* Original defiled Aug. 11,1978, effective Feb. 11,1979. *Original authority 1967.

15 CSR 3065.090 Procedure and Evidence

PURPOSE: This rule states the procedures and rules of evidence to be followed at the hearing.

1. (1) The order in which the evidence will be presented is as follows:

2. (A) The staff of the Securities Division shall present its evidence first. The burden of proof on ,any issue raised in connection with any order or refusal to issue an order by the commissioner shall be on the staff of the Securities Division. All witnesses may be cross-examined on any relevant issue even though that matter was not the subject of direct examination and may be impeached regardless of which party first called him/her to testify;

   1. (B) The opposing party shall then present his/her evidence in the same manner;
   2. (C) Each party has the right to rebut the evidence presented; and
   3. (D) Closing statements may be made by each party in the order evidence was presented.

3. (2) The commissioner shall have the authority to administer oaths and affirmations, to rule on the admission or inclusion of evidence, and to take the necessary steps to insure a fair and orderly conduct of the hearing. S/he shall follow section 536.070, RSMo governing admission of evidence in administrative hearings.

   1. (A) Records and documents of the division to be considered in the case shall be offered in evidence so as to become part of the record, but shall be considered part of the record by reference to the records and documents when so offered.
   2. (B) The commissioner shall take official notice of all matters of which courts take judicial notice. Technical facts, not judicially cognizable may be officially noted if they are within his/her competence provided that the parties are notified and are given a chance to contest these facts or show that official notice would not be proper.

   Auth: section 409.413, RSMo (19861.” Original rulefiledilug. 11,1978, effective Feb. l&1979. ‘Original authority 1967.