PURPOSE: This rule provides procedures for Department of Health hearings to show cause why a controlled substances registration should not be denied, suspended or revoked.

1. (1) When the Department of Health holds a hearing under an order to appear for a hearing and show cause why a controlled substances registration should not be denied, suspended or revoked, the procedures of this rule shall be followed.
2. (2) Any person entitled to appear in a hearing may appear in person or by representative.
3. (3) Hearings shall be conducted in an informal but orderly manner under the direction of the presiding officer. Evidentiary rules do not apply.
4. (4) Participants in any hearing and their representatives shall conduct themselves in accordance with the directions of the presiding officer. Refusal to comply with this section shall constitute grounds for immediate exclusion from any hearing.

5. (5) A presiding officer, designated by the Department of Health, shall preside over the hearing. The functions of a presiding officer shall begin upon his/her designation and terminate upon certification of the record of the hearing to the Administrative Hearing Commission. The presiding officer shall conduct a fair and impartial hearing and take all necessary action to avoid delay and maintain order. The presiding officer shall have the authority to—

   1. (A) Arrange and change the date, time and place of a hearing and issue notice of the change;
   2. (B) Require parties to state their position in writing regarding issues in the hearing and to exchange statements with all other parties;
   3. (C) Examine witnesses and direct witnesses to testify;
   4. (D) Receive, rule on, exclude or limit evidence; and
   5. (E) Rule on procedural issues.
6. (6) Any person entitled to a hearing who receives proper notice of the date, time and place of the hearing and fails to appear shall be considered to have waived his/her opportunity for the hearing, unless s/he shows a good reason for failing to appear. The presiding officer assigned to the case may issue a decision—without a hearing—on the basis of information in the investigative files and the allegations in the Department of Health’s order to show cause why a controlled substances registration should not be denied, suspended or revoked.
7. (7) At any hearing on the denial, suspension or revocation of a controlled substances registration, the registrant or applicant shall have the burden of proving that the requirements for registration have been satisfied.
8. (8) As soon as practicable after the hearing, the hearing officer shall issue a decision on the granting, denial, revocation or suspension of registration. If a registration is denied, revoked or suspended, the decision shall include the findings of fact and conclusions of law upon which the order is based. The decision shall specify the date on which it shall take effect. The hearing officer shall give one
9. (1) copy of the decision to each party in the hearing.
10. (9) Hearings shall be recorded. Copies of the hearing record shall be made available to both parties upon request.

AUTHORITY: sections 195.040.11 and 195.195, RSMo Supp. 1989.* Original rule filed Aug. 26, 1992, effective April 8, 1993. *Original authority: 195.040.11, RSMo 1939, amended 1971, 1978, 1987, 1989 and 195.195, RSMo 1957, amended 1971, 1989.