PURPOSE: This rule establishes the procedures and policy of the division with regard to hearings conducted during rulemaking and enables parties to better understand their role in these proceedings.

1. (1) Hearings held in the conduct of proposed rulemaking proceedings shall be presided over by an administrative law judge and shall be transcribed by a reporter.
2. (2) Applications or motions to intervene are unnecessary since any interested person may file comments within the period designated and any interested person may testify by appearing at the hearing set by publication in the Missouri Register.
3. (3) Persons wishing to testify shall be sworn, and examination of those persons shall be allowed in every case. Examination by counsel for other interested parties may be allowed, in the discretion of the administrative law judge.
4. (4) The administrative law judge shall first take testimony from those supporting a Proposed Rule, followed by testimony from those witnesses opposing the rule.
5. (5) It is unnecessary for any person who wishes to present testimony to be represented by counsel, although persons may be represented by counsel if they choose.
6. (6) Offering of exhibits shall be liberally allowed.

AUTHORITY: section 622.027, RSMo 1994.* Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996.

*Original authority: 622.027, RSMo 1985, amended 1993, 1995. Railroad Safety