PURPOSE: This rule describes the introduction of evidence at a public hearing.

1. (1) Rulings on evidence offered at public hearing shall be made in accordance with Chapter 536, RSMo and established rules of evidence. Objections or motions not ruled on at the hearing shall be considered with the record. Evidence concerning terms or offers of settlement made during endeavors to conciliate shall not be admitted into the record.
2. (2) When objections to the admission or exclusion of evidence before the presiding officer are made, the grounds relied upon shall be stated briefly.
3. (3) All testimony to be taken at the hearing, except matters officially noticed or entered by stipulation, shall be sworn or affirmed. This may include testimony given on deposition or by affidavit.

4. (4) Expert Testimony.

   1. (A) The presiding officer may require, at least ten (10) days prior to hearing, that the parties to the hearing—

      1. 1. Identify each person expected to be

called as an expert witness at the hearing;

1. 2. State the subject matter on which the

expert is expected to testify; and

1. 3. State the substance of the facts and

opinions to which the expert is expected to testify.

1. (B) Where the presiding officer determines that a party failed to timely comply in providing the information required under section (4)(A) of this rule, the witnesses and any previously offered testimony by the witnesses may be excluded from the hearing.

1. (5) Interpreter.

   1. (A) When a handicapped person, or person who cannot speak or understand the English language, is involved in a contested case hearing, the person is entitled to a qualified interpreter. In order to obtain the services of an interpreter, a party must notify the presiding officer ten (10) days prior to the date the interpreter will be needed.
   2. (B) Upon receipt of the request, the presiding officer shall arrange for the services of an interpreter and shall notify the parties of the identity of the interpreter. The commission shall compensate the interpreter where necessary.
   3. (C) Commission staff may serve as interpreter where the party(ies) consent and so state on the record.
2. (6) Exhibits shall be marked upon receipt by the presiding officer and the markings shall identify the party offering an exhibit. Admitted and excluded exhibits shall be preserved by the commission as part of the record of the proceedings. Excluded exhibits shall be retained by the presiding officer only if the party seeking to introduce a document as an offer of proof specifically requests the document to be placed in an excluded exhibit file.
3. (7) All paper exhibits shall be no larger than eight and one-half by eleven inches (8 1/2 × 11") in size and the party presenting an exhibit must submit to the presiding officer the exhibit and three (3) copies of the exhibit and shall provide one (1) copy to each of the other parties at the time the exhibit is marked.
4. (8) Larger exhibits are allowed; however, in order to be included in the record, the information contained in the exhibit must be reduced to paper eight and one-half by eleven inches (8 1/2 × 11") in size by the party offering the exhibit.
5. (9) Variation from the requirements in sections (1)–(8) will be allowed only in cases where there is no reasonable alternative.
6. (10) The presiding officer may take notice of judicially recognizable facts and of general, technical or scientific facts. The parties shall be notified at any time during a proceeding of material officially noticed and they will be afforded the opportunity to contest the facts so noticed. The notice required by this section shall be given to the party prior to the issuance of decision and order in the matter.

AUTHORITY: sections 213.030 and 213.075, RSMo (Cum. Supp. 1992).* Original rule filed April 15, 1988, effective July 11, 1988. *Original authority: 213.030, RSMo (1959), amended 1978, 1986, 1992 and 213.075, RSMo (1986), amended 1992.