PURPOSE: This rule prescribes the procedure when a nonunanimous stipulation and agreement is presented to the commission.

1. (1) Stipulations and Agreements.

   1. (A) The parties may at any time file a stipulation and agreement as a proposed resolution of all or any part of a contested case. A stipulation and agreement shall be filed as a pleading.
   2. (B) The commission may resolve all or any part of a contested case on the basis of a stipulation and agreement.

2. (2) Nonunanimous Stipulations and Agreements.

   1. (A) A nonunanimous stipulation and agreement is any stipulation and agreement which is entered into by fewer than all of the parties.
   2. (B) Each party shall have seven (7) days from the filing of a nonunanimous stipulation and agreement to file an objection to the nonunanimous stipulation and agreement. Failure to file a timely objection shall constitute a full waiver of that party’s right to a hearing.
   3. (C) If no party timely objects to a nonunanimous stipulation and agreement, the commission may treat the nonunanimous stipulation and agreement as a unanimous stipulation and agreement.
   4. (D) A nonunanimous stipulation and agreement to which a timely objection has been filed shall be considered to be merely a position of the signatory parties to the stipulated position, except that no party shall be bound by it. All issues shall remain for determination after hearing.
   5. (E) A party may indicate that it does not oppose all or part of a nonunanimous stipulation and agreement.

AUTHORITY: section 386.410, RSMo 2000.* This rule originally filed as 4 CSR 240-2.115. Original rule filed June 9, 1987, effective Sept. 15, 1987. Rescinded and readopted: Filed Aug. 24, 1999, effective April 30, 2000. Amended: Filed March 26, 2002, effective Nov. 30, 2002. Moved to 20 CSR 4240-2.115, effective Aug. 28, 2019.

*Original authority: 386.410, RSMo 1939, amended 1947, 1977, 1996.