PURPOSE: This rule establishes procedures for conducting due process hearings by telephone conference under section 288.190, RSMo.

1. (1) Exhibits.

   1. (A) Copies of the contents of the appeal file upon which the determination is based which may be used as exhibits shall be mailed to the parties to telephone hearings and split hearings prior to the hearing date.
   2. (B) Parties to split or telephone hearings shall mail copies of potential exhibits to the hearing officer and any other named party in sufficient time for the exhibit to reach those locations prior to the hearing.
   3. (C) Mailing of exhibits shall be to the address of the party shown on the Notice of Hearing. The item(s) shall be designated as a potential exhibit and paginated.

2. (2) Participation.

   1. (A) Election of an in-person hearing by a party must be conveyed to the hearing officer at least two (2) days prior to the hearing and acknowledged by the hearing officer. Absent acknowledgement, a party may not assume that its appearance is scheduled inperson.
   2. (B) Election by a party not to participate by telephone shall not be binding on other parties to the proceeding who may, at the discretion of the hearing officer, present evidence by telephone.
   3. (C) If a hearing officer is unable to contact a party who has provided a number to participate as scheduled by telephone due to land based telephone technical difficulties, the hearing shall not be dismissed but must be rescheduled. For purposes of this regulation, technical difficulties shall not include use of the telephone by the party for other calls, failure of battery powered, digital, or cellular phones due to location or failure of power, or failure to provide access or security codes.
   4. (D) Whenever a party does not have access to a telephone the party may appear by telephone from any Workforce Development office. In that event, the telephone number at that location shall be provided by the participant in accordance with instructions included on the Notice of Hearing.

3. (3) Testimony.

   1. (A) Witnesses must testify from their own recollection.
   2. (B) A witness may use notes or records to refresh his/her memory so long as copies of the records or items used for that purpose have been mailed, faxed, or otherwise delivered to the other participants by the time of the hearing in order to allow cross-examination of the witness on that basis.
   3. (C) The hearing officer may make such inquiry on the record as she/he deems appropriate to ascertain the identity of the individuals participating by telephone.
   4. (D) Telephone hearings are judicial evidentiary proceedings and shall not be subject to interruptions. If a party leaves the phone for any reason, such action shall be considered voluntary and the hearing shall proceed without such party.

AUTHORITY: section 288.220, RSMo 2000.* Original rule filed Dec. 14, 1982, effective March 13, 1983. Emergency amendment filed July 12, 1984, effective Aug. 13, 1984, expired Dec. 10, 1984. Amended: Filed July 12, 1984, effective Oct. 11, 1984. Amended: Filed Oct. 17, 1988, effective March 26, 1989. Emergency amendment filed Dec. 11, 1996, effective Jan. 2, 1997, terminated March 31, 1997. Rescinded and readopted: Filed April 30, 2002, effective Oct. 30, 2002. *Original authority: 288.190, RSMo 1951, amended 1972, 1979, 1984 and 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971.