reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2270 - Missouri Veterinary Medical Board › Chapter 4 - Minimum Standards › Section 20 CSR 2270-4.042 - Minimum Standards for Continuing Education for Veterinarians

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the minimum
				  standards.
(1) Pursuant to
				section
				340.258,
				RSMo, all licensees shall provide satisfactory evidence of having completed at
				least ten (10) hours of continuing education each year that is relevant to the
				practice of veterinary medicine and in accordance with this rule in order to
				renew their licenses.
(2) The
				continuing education reporting period shall begin each year on December 1 and
				end November 30 of the following year. Continuing education hours earned after
				November 30 apply to the next reporting cycle. A renewal license will not be
				issued until all renewal requirements have been met.
(3) For the license renewal due on November
				30, 2002, and each subsequent renewal thereafter, the licensee shall certify
				that he/she has obtained at least ten (10) hours of continuing education during
				the year preceding the license renewal on the renewal form provided by the
				board. The renewal form shall be mailed directly to the board office prior to
				November 30 of each year. The licensee shall not submit the record of
				continuing education attendance to the board except in the case of a board
				audit. A licensee is not required to obtain any continuing education hours for
				the reporting period in which the licensee graduates from an accredited school
				of veterinary medicine and is initially licensed to practice as a veterinarian
				in Missouri.
(4) Every licensee
				shall maintain full and complete records of all approved continuing education
				hours earned for the two (2) previous reporting periods in addition to the
				current reporting period. The records shall document the titles of the courses
				taken, dates, locations, course sponsors, number of hours earned, and
				certificate of attendance or completion. The board may conduct an audit of
				licensees to verify compliance with the continuing education requirements.
				Licensees shall assist the board in its audits by providing timely and complete
				responses to the board's inquiries.
(5) Violation of any provision of this rule
				shall be grounds for discipline in accordance with section
				340.264,
				RSMo.
(6) A continuing education
				hour includes but is not limited to:
(A)
				Fifty (50) minutes of attendance at an approved workshop or seminar;
(B) Fifty (50) minutes of reading an approved
				scientific journal;
(C) Twenty-five
				(25) minutes of presentation in an approved workshop or seminar. No credit
				shall be granted for any subsequent presentations on the same subject matter
				during the same renewal period;
(D)
				Completion of academic course work for credit in veterinary medicine at an
				accredited college of veterinary medicine with one (1) credit hour equaling ten
				(10) continuing education hours.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2270 - Missouri Veterinary Medical Board › Chapter 4 - Minimum Standards › Section 20 CSR 2270-4.050 - Minimum Standards for Continuing Education for Veterinary Technicians

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds another acceptable
				  provider to obtain continuing education for veterinary
				  technicians.
(1) Each licensee
				shall certify by signature, under penalty of perjury that s/he has completed
				five (5) hours of continuing education units (CEUs) per year.
(2) The continuing education reporting period
				shall begin each year on December 1 and end November 30 of the following year.
				Continuing education hours earned after November 30 shall apply to the next
				reporting cycle. A renewal license will not be issued until all renewal
				requirements have been met.
(3) A
				registered veterinary technician may accumulate the required five (5) hours of
				continuing education for up to two (2) years. For example, if a formal meeting
				included ten (10) hours of CEUs, the applicant could report five (5) hours the
				year the meeting was held and report the other five (5) hours the next year.
				Under no circumstances can CEU credits be carried over more than one (1)
				renewal year after being earned. A licensee is not required to obtain any
				continuing education hours for the reporting period in which the licensee
				graduates from an accredited school of veterinary technology and is initially
				licensed to practice as a veterinary technician in Missouri.
(4) Every licensee shall maintain full and
				complete records of all approved continuing education hours earned for the two
				(2) previous reporting periods in addition to the current reporting period. The
				records shall document the titles of the courses taken, dates, locations,
				course sponsors, number of hours earned, and certificate of attendance or
				completion. The board may conduct an audit of licensees to verify compliance
				with the continuing education requirements. Licensees shall assist the board in
				its audits by providing timely and complete responses to the board's
				inquiries.
(5) Violation of any
				provision of this rule shall be grounds for discipline in accordance with
				section
				340.264,
				RSMo.
(6) A continuing education
				hour includes, but is not limited to:
(A)
				Fifty (50) minutes of attendance at an approved workshop or seminar;
(B) Fifty (50) minutes of reading an approved
				journal;
(C) Twenty-five (25)
				minutes of presentation in an approved workshop or seminar. No credit shall be
				granted for any subsequent presentations on the same subject matter during the
				same renewal period; or
(D)
				Completion of academic course work for credit in veterinary medicine in an
				accredited college of veterinary technology with one (1) credit hour equaling
				ten (10) continuing education hours.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2270 - Missouri Veterinary Medical Board › Chapter 4 - Minimum Standards › Section 20 CSR 2270-4.060 - Minimum Standards for Supervision

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines the minimum standards for
				  supervision.
(1) Duties of
				the Supervising Veterinarian-
(A) The
				supervising veterinarian shall be responsible for determining the competency of
				the veterinary technician, veterinary medical candidate, temporary licensee,
				provisional licensees, veterinary medical preceptee or unregistered assistant
				to perform delegated animal health care tasks;
(B) The supervising veterinarian of a
				veterinary technician, veterinary medical candidate, temporary licensee,
				provisional licensees, veterinary medical preceptee or unregistered assistant
				shall make all decisions relating to the diagnosis, treatment, management and
				future disposition of the animal patient; and
(C) The supervising veterinarian shall have
				examined the animal patient prior to the delegation of any animal health care
				task to either a veterinary technician, veterinary medical candidate, temporary
				licensee, provisional licensees, veterinary medical preceptee or an
				unregistered assistant. The examination of the animal patient shall be
				conducted at such time as good veterinary medical practice requires consistent
				with the particular delegated animal health care task.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2270 - Missouri Veterinary Medical Board › Chapter 5 - Veterinary Facilities Permits › Section 20 CSR 2270-5.011 - Permit Applications

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the
				  responsibilities of the veterinarian in charge.
PURPOSE: This rule outlines the procedures required
				  to secure a permit for all veterinary facilities and defines the term
				  veterinarian in charge.
(1)
				All veterinary facilities shall have a facility permit issued by the Missouri
				Veterinary Medical Board.
(2)
				Applications for facility permits must be made on the forms provided by the
				board. Permit application forms may be obtained by requesting them from the
				executive director, Missouri Veterinary Medical Board, P.O. Box 633, Jefferson
				City, MO 65102.
(3) The application
				must be legible (printed or typed), signed under oath or affirmation by the
				responsible veterinarian in charge of the facility and accompanied by the
				appropriate fee.
(4) The
				veterinarian in charge of the veterinary establishment is responsible for:
(A) The operation and management of the
				veterinary facility;
(B) Regularly
				being on site which means being directly present at the facility on a routine
				basis;
(C) Maintaining the facility
				within the standards set forth by this chapter and Chapter 4-Minimum Standards;
				and
(D) The veterinarian in charge
				will be responsible for the supervision of all veterinary and veterinary
				technician personnel, to assure full compliance with the veterinary laws of
				Missouri.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2270 - Missouri Veterinary Medical Board › Chapter 5 - Veterinary Facilities Permits › Section 20 CSR 2270-5.021 - Veterinary Facility Self-Inspection Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the procedures for
				  self-inspection of veterinary facilities.
(1) The veterinarian in charge of each
				veterinary facility in the state is responsible for completing the
				self-inspection form and returning it to the board office.
(2) The self-inspection form (see
				20 CSR
				2270-5.011 ) is available from the executive director,
				Missouri Veterinary Medical Board, PO Box 633, Jefferson City, MO
				65102.
(3) The purpose of the
				self-inspection is to verify that all veterinary facilities comply with the
				minimum standards which are found in Chapter 4 of these rules.
(4) Pursuant to 340.210, RSMo the board may
				inspect a veterinary facility about which the board has received a
				complaint.
*Original authority: 340.210, RSMo 1992, amended 1993,
					 1995, 1999 and 340.264, RSMo 1992, amended
					 1999.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2270 - Missouri Veterinary Medical Board › Chapter 5 - Veterinary Facilities Permits › Section 20 CSR 2270-5.031 - Facility Permit Renewal Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the procedures for the
				  renewal of facility permits.
(1) A facility permit shall be reviewed
				annually on or before the expiration of the permit by submitting the properly
				completed renewal application and inspection form and the fee to the Missouri
				Veterinary Medical Board. The renewal application and inspection form shall be
				signed under oath or affirmation.
(2) Failure of the veterinarian in charge to
				receive the notice and application to renew the permit shall not excuse him/her
				from the requirements of this rule.
(3) Each facility permit shall expire
				annually on March 31. Failure to renew a permit constitutes grounds for
				discipline pursuant to 340.264.2(13) and (25), RSMo for all veterinarians and
				veterinary technicians working at the facility. If the permit is not renewed
				within thirty (30) days of the expiration date, a penalty fee will be
				assessed.
*Original authority: 340.210, RSMo 1992, amended 1993; and
					 340.264, RSMo 1992.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2270 - Missouri Veterinary Medical Board › Chapter 5 - Veterinary Facilities Permits › Section 20 CSR 2270-5.041 - Temporary Continuance of Veterinary Practice Upon Death of Owner

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a way for an
				  individually owned veterinary practice to be continued when the owner
				  dies.
(1) Upon the demise of
				the licensed owner of an individually owned veterinary practice, an unlicensed
				spouse or the executor, administrator, trustee or personal representative of
				the licensee's estate may continue to own and maintain the practice for a
				period of one (1) year in order to convey or liquidate the practice, provided
				that the services of a Missouri licensed veterinarian shall be engaged to be
				the veterinarian in charge.
(2) The
				unlicensed owner shall provide the Veterinary Medical Board with written notice
				of the veterinarian in charge in accordance with
				20 CSR
				2270-5.011(6). The thirty (30)-day
				time period may be extended upon written petition to the board.
(3) The veterinarian in charge shall also
				write to the board indicating his/her willingness to assume the
				position.
(4) If, for any reason,
				the veterinarian in charge is terminated, both the owner and the veterinarian
				in charge shall immediately inform the board in writing and a new veterinarian
				in charge shall be immediately engaged and registered with the board.
(5) The one (1)-year period of conveyance or
				liquidation may be extended following written petition to the board.
(6) Nothing in this rule shall be construed
				to authorize the unlicensed practice of veterinary medicine as defined in
				section
				340.216,
				RSMo.
*Original authority: 340.210, RSMo 1992, amended 1993,
					 1995, 1999 and 340.264, RSMo 1992, amended
					 1999.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2270 - Missouri Veterinary Medical Board › Chapter 7 - Disciplinary Proceedings › Section 20 CSR 2270-7.010 - Public Complaint Handling and Disposition Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a procedure for the
				  receipt, handling and disposition of public complaints pursuant to the mandate
				  of section 620.010.15(6), RSMo.
(1) All complaints shall be made in writing
				on an official complaint form available from the board office and shall fully
				identify the complainant by name and address. Oral or telephone communications
				will not be considered or processed as complaints. The person making these
				communications will be asked to file a written statement.
(2) Complaints shall be mailed or delivered
				to the following address: Missouri Veterinary Medical Board, PO Box 633,
				Jefferson City, MO 65102. Complaints may be based upon personal knowledge or
				beliefs based on information received from other sources. The executive
				director or any board staff member may file a complaint pursuant to this rule
				in the same manner as any member of the public.
(3) Each complaint received under this rule
				will be maintained by the board. The complaint file will contain a record of
				each complainant's name and address; the name and address of the subject(s) of
				the complaint; the date each complaint is received by the board; a brief
				statement of the complaint, including the name of any person injured or
				victimized by the alleged acts or practices; a notation whether the complaint
				resulted in its dismissal by the board or formal charges being filed with the
				Administrative Hearing Commission and the ultimate disposition of the
				complaint. This complaint file shall be a closed record of the board.
(4) Each complaint received under this rule
				shall be acknowledged in writing. The complainant shall be notified of the
				ultimate disposition of the complaint.
(5) This rule shall not be deemed to limit
				the board's authority to file a complaint with the Administrative Hearing
				Commission charging a licensee with any actionable conduct or violation. The
				complaint filed by the board need not be limited to the acts charged in a
				public complaint.
*Original authority: 340.210, RSMo 1992, amended 1993,
					 1995, 1999; 340.282, RSMo 1992; and 620.010.15., RSMo 1973, amended 1981, 1983,
					 1986, 1989, 1990, 1993, 1994, 1995, 1999,
					 2001.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2270 - Missouri Veterinary Medical Board › Chapter 7 - Disciplinary Proceedings › Section 20 CSR 2270-7.020 - Revocation of Temporary or Provisional License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the procedure to be
				  used for revocation of temporary licenses under section
				  340.250,
				  RSMo.
(1) All proceedings
				instituted or conducted by the board, or both, in regard to the revocation of
				temporary or provisional licenses as authorized under section
				340.250,
				RSMo shall be handled in accordance with the provisions as set forth under
				Chapter 536, RSMo as a contested case.
(2) Nothing contained under section (1) shall
				preclude the informal disposition of contested cases by stipulation, consent
				order or agreed settlement.
*Original authority: 340.210, RSMo 1992, amended 1993,
					 1995, 1999; and 340.250, RSMo 1992, amended
					 1999.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2270 - Missouri Veterinary Medical Board › Chapter 7 - Disciplinary Proceedings › Section 20 CSR 2270-7.030 - Automatic Revocation of License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the procedure to be
				  used for the automatic revocation of licenses under section
				  340.274,
				  RSMo.
(1) All proceedings
				conducted by the board in regard to the automatic revocation of licenses as
				authorized under section
				340.274,
				RSMo shall be handled in accordance with the provisions as set forth under
				Chapter 536, RSMo as a contested case.
(2) Nothing contained under section (1) shall
				preclude the informal disposition of contested cases by stipulation, consent
				order or agreed settlement.
*Original authority: 340.210, RSMo 1992, amended 1993,
					 1995, 1999; and 340.274, RSMo 1992.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.015 - Waiver of Rules

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines when the rules in this
				  chapter may be waived.
(1) A
				rule in this chapter may be waived by the commission for good cause.
*Original authority: 386.410, RSMo 1939, amended 1947,
					 1977, 1996.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.025 - Commission Address and Business Hours

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides the physical and mailing
				  address, as well as the hours of business for the Public Service
				  Commission.
(1) The Public
				Service Commission's principal office is located in the Governor Office
				Building, 200 Madison Street, Jefferson City, Missouri 65102.
(2) The public may obtain information, make
				requests, or make submissions by mail addressed to the Secretary of the
				Commission, Missouri Public Service Commission, PO Box 360, Jefferson City, MO
				65102, electronically at the commission's Internet website, or in person at the
				commission's principal office during regular business hours.
(3) The regular business hours of the
				Missouri Public Service Commission are Monday through Friday, 8:00 a.m. to 5:00
				p.m., except on state holidays when the offices are closed.
*Original authority: 386.410, RSMo 1939, amended 1947,
					 1977, 1996.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.040 - Practice Before the Commission

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth who may practice as an
				  attorney before the commission.
(1) The staff counsel represents the
				commission staff in investigations, contested cases, and other proceedings
				before the commission.
(2) The
				public counsel represents the interests of the public before the
				commission.
(3) Attorneys who wish
				to practice before the commission shall fully comply with its rules and also
				comply with one (1) of the following criteria:
(A) An attorney who is licensed to practice
				law in the state of Missouri, and in good standing, may practice before the
				commission;
(B) A nonresident
				attorney who is a member of the Missouri Bar in good standing, but who does not
				maintain an office for the practice of law within the state of Missouri, may
				appear as in the case of a resident attorney;
(C) Any attorney who is not a member of the
				Missouri Bar, but who is a member in good standing of the bar of any court of
				record, may petition the commission for leave to be permitted to appear and
				participate in a particular case under all of the following conditions:
1. The visiting attorney shall file in a
				separate pleading a statement identifying each court of which that attorney is
				a member and certifying that neither the visiting attorney nor any member of
				the attorney's firm is disqualified to appear in any of these courts;
2. The statement shall designate some member
				in good standing of the Missouri Bar having an office within Missouri as
				associate counsel;
3. The
				designated Missouri attorney shall simultaneously enter an appearance as an
				attorney of record; and
4. The
				visiting attorney shall provide a receipt or a statement showing that he or she
				has complied with the requirement of Missouri Supreme Court Rule
				6.01(m).
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.050 - Computation of Time

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets standards for computation of
				  effective dates of any order or time prescribed by the commission when no
				  specific date is set by commission order.
(1) In computing any period of time
				prescribed or allowed by the commission, the day of the act, event, or default
				shall not be included. The last day of the period so computed shall be
				included, unless it is a Saturday, Sunday, or legal holiday, in which case the
				period runs until the end of the next day which is not a Saturday, Sunday, or
				legal holiday. This rule does not apply when the commission establishes a
				specific date by which an action must occur, nor does it operate to extend
				effective dates which are established by statute.
(2) Except when the issuance and effective
				date are the same, in computing the effective date of any order of the
				commission, the day the order was issued shall not be included, and the order
				is considered effective at 12:00 a.m. on the effective date designated in the
				order, whether or not the date is a Saturday, Sunday, or legal holiday. If the
				effective date and the issuance date are the same, the order shall be effective
				at the date and time the order is issued by the commission.
(3) When an act is required or allowed to be
				done by order or rule of the commission at or within a specified time, the
				commission may-
(A) Order the period enlarged
				before the expiration of the period originally prescribed or as extended by a
				previous order; or
(B) After the
				expiration of the specified period, permit the act to be done where the failure
				to act was the result of excusable neglect or for other good cause
				shown.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.070 - Complaints

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the procedures for
				  filing formal and informal complaints with the commission.
(1) Any person or public utility who feels
				aggrieved by an alleged violation of any tariff, statute, rule, order, or
				decision within the commission's jurisdiction may file a complaint. A complaint
				may also be filed by the commission on its own motion, the commission staff
				through the staff counsel, or the Office of the Public Counsel.
(2) A person who feels aggrieved by an
				alleged violation of any tariff, statute, rule, order, or decision within the
				commission's jurisdiction may file an informal complaint with the commission's
				consumer services department or file either a formal complaint or small formal
				complaint with the commission. Filing an informal complaint is not a
				prerequisite to filing a formal or small formal complaint; however, the
				presiding officer may direct that a
pro se
complainant be
				required to go through the informal complaint procedure before the formal
				complaint will be heard by the commission. If an allegedly aggrieved person
				initially files an informal complaint and is not satisfied with the outcome,
				such person may also file a formal or small formal complaint.
(3) Informal Complaints. The protections and
				processes of an informal complaint regarding service or billing practices are
				set out in 4 CSR 240-13. To file an informal complaint, the complainant shall
				state, either in writing, by telephone (consumer services hotline
				1-800-392-4211 or Relay Missouri at 711), or in person at the commission's
				offices-
(A) The name, street address, and
				telephone number of each complainant and, if one (1) person asserts authority
				to act on behalf of the others, the source of that authority;
(B) The address where the utility service was
				rendered;
(C) The name and address
				of the party against whom the complaint is filed;
(D) The nature of the complaint and the
				complainant's interest therein;
(E)
				The relief requested; and
(F) The
				measures taken by the complainant to resolve the complaint.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.075 - Intervention

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the procedures by which
				  an individual or entity may intervene in a case and allows for the filing of
				  briefs by
amicus curiae
.
(1) A motion to intervene or add new
				member(s) shall be filed within thirty (30) days after the commission issues
				its order giving notice of the case, unless otherwise ordered by the
				commission.
(2) A motion to
				intervene or add new member(s) shall include:
(A) The legal name of each association,
				person, or entity seeking intervention or to be added;
(B) The street and mailing address of the
				principal office or place of business of each association, person, or entity
				seeking intervention or to be added, or of their attorney;
(C) The email address, fax number, and
				telephone number, if any, of each association, person, or entity seeking
				intervention or to be added, or their attorney;
(D) If any applicant is an association, other
				than an incorporated association or other entity created by statute, a list of
				all of its members;
(E) A statement
				of the proposed intervenor's or new member's interest in the case and reasons
				for seeking intervention or to be added; and
(F) A statement as to whether the proposed
				intervenor or new member supports or opposes the relief sought or that the
				proposed intervenor or new member is unsure of the position it will
				take.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.080 - Pleadings, Filing, and Service

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the content and
				  procedure for filing pleadings before the commission and for service
				  thereof.
(1) Every pleading
				or brief shall be signed by an attorney of record with the attorney's
				individual name or, if a natural person is not represented by an attorney,
				shall be signed by the natural person.
(2) By signing a pleading, the signer
				represents that he or she is authorized to so act.
(3) Pleadings or briefs shall include the
				signer's address, state bar number(s), email address, fax number, and telephone
				number, if any.
(4) Each pleading
				shall include a clear and concise statement of the relief requested, a specific
				reference to the statutory provision or other authority under which relief is
				requested, and a concise statement of the facts entitling the party to
				relief.
(5) An unsigned pleading or
				brief may be rejected.
(6) By
				presenting or maintaining a claim, defense, request, demand, objection,
				contention, or argument in a pleading, motion, brief, or other document filed
				with or submitted to the commission, an attorney or party is certifying to the
				best of the signer's knowledge, information, and belief, formed after an
				inquiry reasonable under the circumstances, that-
(A) The claim, defense, request, demand,
				objection, contention, or argument is not presented or maintained for any
				improper purpose, such as to harass or to cause unnecessary delay or needless
				increase in the cost of litigation;
(B) The claims, defenses, and other legal
				contentions therein are warranted by existing law or by a nonfrivolous argument
				for the extension, modification, or reversal of existing law or the
				establishment of new law;
(C) The
				allegations and other factual contentions have evidentiary support or, if
				specifically so identified, are likely to have evidentiary support after a
				reasonable opportunity for further investigation or discovery; and
(D) The denials of factual contentions are
				warranted on the evidence or, if specifically so identified, are reasonably
				based on a lack of information or belief.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.090 - Discovery and Prehearings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the procedures for
				  depositions, written interrogatories, data requests, and prehearing
				  conferences.
(1) Discovery
				may be obtained by the same means and under the same conditions as in civil
				actions in the circuit court. Sanctions for abuse of the discovery process or
				failure to comply with commission orders regarding discovery shall be the same
				as those provided for in the rules of civil procedure.
(2) Parties may use data requests as a means
				for discovery.
(A) Data request means an
				informal written request for documents or information that may be transmitted
				directly between attorneys, agents, or employees of the commission, public
				counsel, or other parties.
(B)
				Answers to data requests need not be under oath or be in any particular format,
				but shall be signed by a person who is able to attest to the truthfulness and
				correctness of the answers.
(C) The
				party to whom data requests are presented shall answer the requests within
				twenty (20) days after receipt unless otherwise agreed to by the parties to the
				data requests, or otherwise ordered by the commission.
(D) If the recipient objects to data requests
				or is unable to answer within twenty (20) days, the recipient shall serve all
				of the objections or reasons for its inability to answer in writing upon the
				requesting party within ten (10) days after receipt of the data requests,
				unless otherwise ordered by the commission.
(E) If the recipient asserts an inability to
				answer the data requests within the twenty (20)-day time limit, the recipient
				shall include the date it will be able to answer the data requests
				simultaneously with its reasons for its inability to answer.
(F) The responding party shall promptly
				notify the requesting party of any changes to the answers previously given to a
				data request.
(G) Upon agreement by
				the parties or as ordered by the commission for good cause shown, the time
				limits for serving or answering data requests may be modified.
(H) Any data request issued to or by the
				staff of the commission shall be submitted and responded to in the commission's
				Electronic Filing and Information System (EFIS). However, if the technical
				limitations of EFIS make such submission or response difficult, the parties to
				the data requests may agree upon an alternative method of submission and
				response, or an alternative method of submission and response may be ordered by
				the commission.
(I) Sanctions for
				failure to answer data requests may include any of those provided for abuse of
				the discovery process in section (1) of this rule.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.100 - Subpoenas

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The commission may issue subpoenas for the
				  production of witnesses and records. This rule prescribes the procedures for
				  requesting and issuing subpoenas.
(1) A request for a subpoena or a subpoena
duces tecum
requiring a person to appear and testify at the
				taking of a deposition or at a hearing, or for production of documents or
				records shall be filed on the form provided by the commission and shall be
				directed to the secretary of the commission. A request for a subpoena
duces tecum
shall specify the particular document or record to
				be produced, and shall state the reasons why the production is believed to be
				material and relevant.
(2) Except
				for a showing of good cause, a subpoena or subpoena
duces
				tecum
shall not be issued fewer than twenty (20) days before a
				hearing.
(3) Objections to a
				subpoena or subpoena
duces tecum
or motions to quash a
				subpoena or subpoena
duces tecum
shall be made within ten (10)
				days from the date the subpoena or subpoena
duces tecum
is
				served.
(4) Subpoenas or subpoenas
duces tecum
shall be signed and issued by the secretary of the
				commission, a commissioner or by a law judge pursuant to statutory delegation
				authority. The name and address of the witness shall be inserted in the
				original subpoena or subpoena
duces tecum
and a copy of the
				return shall be filed with the secretary of the commission. Subpoenas or
				subpoenas
duces tecum
shall show at whose instance the
				subpoena or subpoena
duces tecum
is issued. Blank subpoenas
				shall not be issued.
(5) If there
				is a failure to comply with a subpoena or a subpoena
duces
				tecum
after objections or a motion to quash have been determined by
				the commission, the commission by its counsel or the party seeking enforcement
				may apply to a judge of the circuit court of the county in which-the hearing
				has been held, is being held, or is scheduled to be held, or where the witness
				resides or may be found-for an order enforcing the subpoena or subpoena
duces tecum
.
*Original authority: 386.410, RSMo 1939 amended 1947, 1977,
					 1996.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.110 - Hearings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the procedures for the
				  setting, notices, and conduct of hearings.
(1) The commission shall set the time and
				place for all hearings and serve notice as required by law. Additional notice
				may be served when the commission deems it to be appropriate.
(2) The presiding officer may order
				continuance of a hearing date for good cause.
(A) When a continuance has been granted at
				the request of the applicant or complainant, the commission may dismiss the
				case for failure to prosecute if it has not received a request from the
				applicant or complainant that the matter be again continued or set for hearing
				within ninety (90) days from the date of the order granting the
				continuance.
(B) Failure to appear
				at a hearing without previously having secured a continuance shall constitute
				grounds for dismissal of the party or the party's complaint, application or
				other action unless good cause for the failure to appear is shown.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.115 - Stipulations and Agreements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the procedure when a
				  nonunanimous stipulation and agreement is presented to the
				  commission.
(1) Stipulations
				and Agreements.
(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.
(B) The commission may
				resolve all or any part of a contested case on the basis of a stipulation and
				agreement.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.116 - Dismissal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the conditions under
				  which the commission or an initiating party may dismiss a case or by which any
				  party may be dismissed.
(1)
				An applicant or complainant may voluntarily dismiss an application or complaint
				without an order of the commission at any time before prepared testimony has
				been filed or oral evidence has been offered by filing a notice of dismissal
				with the commission. Once evidence has been offered or prepared testimony
				filed, an applicant or complainant may dismiss an action only by leave of the
				commission, or by written consent of all the parties.
(2) Cases may be dismissed for lack of
				prosecution if no action has occurred in the case for ninety (90) days and no
				party has filed a pleading requesting a continuance beyond that time.
(3) A party may be dismissed from a case for
				failure to comply with any order issued by the commission, including failure to
				appear at any scheduled proceeding such as a public hearing, prehearing
				conference, hearing, or mediation session.
(4) A case may be dismissed for good cause
				found by the commission after a minimum of ten (10) days notice to all parties
				involved.
*Original authority: 386.410, RSMo 1939, amended 1947,
					 1977, 1996.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.120 - Presiding Officers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states the duties of presiding
				  officers and the procedure for disqualifying them.
(1) A presiding officer shall have the duty
				to conduct full, fair, and impartial hearings, to take appropriate action to
				avoid unnecessary delay in the disposition of cases, and to maintain order, and
				shall possess all powers necessary to that end, including, but not limited to,
				convening discovery conferences as needed and resolving discovery disputes. The
				presiding officer may take action as may be necessary and appropriate to the
				discharge of duties, consistent with the statutory authority or other
				authorities under which the commission functions, and with the rules and
				policies of the commission.
(2)
				Whenever any party shall deem the presiding officer for any reason to be
				disqualified to preside, or to continue to preside, in a particular case, the
				party may file with the secretary of the commission a motion to disqualify with
				affidavits setting forth the grounds alleged for disqualification. A copy of
				the motion shall be served by the commission on the presiding officer whose
				removal is sought and the presiding officer shall have seven (7) days from the
				date of service within which to reply.
*Original authority: 386.410, RSMo 1939, amended 1947,
					 1977, 1996.
Union Electric Co. v. PSC, 591 SW2d 134 (Mo. App. 1979).
					 Prohibition will be under common law rule to disqualify a PSC commissioner who
					 was a party in a case now pending before
					 her.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.125 - Procedures for Alternative Dispute Resolution

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes procedures which will
				  allow parties to utilize alternative dispute resolution methods in order to
				  resolve issues or the entire matter in dispute.
(1) Settlement Negotiations.
(A) When the parties agree that the
				participation of a presiding officer in the settlement process would be
				beneficial, those parties shall file a motion for appointment of a settlement
				officer for that case. The motion shall contain-
1. A statement that all parties agree to the
				procedure;
2. A list of the issues
				to be addressed or matters the parties wish the presiding officer to aid them
				in resolving; and 3. A date by which a settlement will be reached or settlement
				negotiations under this procedure will end.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.135 - Confidential Information

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the procedures for
				  handling confidential information in cases before the
				  commission.
(1) All items
				filed in case proceedings before the commission shall be open to the public
				unless protected pursuant to this rule or otherwise protected by law.
(2) Confidential Designation.
(A) Any person may submit to the commission,
				without first obtaining a protective order, information designated as
				confidential if that information is-
1.
				Customer-specific information;
2.
				Employee-sensitive personnel information;
3. Marketing analysis or other
				market-specific information relating to services offered in competition with
				others;
4. Marketing analysis or
				other market-specific information relating to goods or services purchased or
				acquired for use by a company in providing services to customers;
5. Reports, work papers, or other
				documentation related to work produced by internal or external auditors,
				consultants, or attorneys, except that total amounts billed by each external
				auditor, consultant, or attorney for services related to general rate
				proceedings shall always be public;
6. Strategies employed, to be employed, or
				under consideration in contract negotiations;
7. Relating to the security of a company's
				facilities; or
8. Concerning trade
				secrets, as defined in section
				417.453,
				RSMo.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.140 - Briefs and Oral Arguments

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the procedures for
				  filing briefs and presenting oral arguments in any hearing.
(1) In any case, the commission or presiding
				officer shall determine whether the parties may file briefs or present oral
				argument, or both, and may establish time and page limits.
(2) Unless otherwise ordered by the
				commission or presiding officer, initial post-hearing briefs shall be filed no
				later than twenty (20) days after the date on which the complete transcript of
				the hearing is filed.
(3) Unless
				otherwise ordered by the commission or presiding officer, the parties shall
				have ten (10) days after the filing of the initial briefs to file their reply
				briefs.
(4) Unless otherwise
				ordered by the commission or presiding officer, the time allowed for oral
				argument shall be-
(A) For an applicant or
				complainant, thirty (30) minutes, which may be divided between the initial
				argument and reply argument, but no more than one-third (1/3) of the time shall
				be consumed by the reply argument; and
(B) For all other parties, a total of fifteen
				(15) minutes each.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.150 - Decisions of the Commission

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the method of issuing
				  commission orders and the effective date of such orders.
(1) The record of a case shall stand
				submitted for consideration by the commission after the recording of all
				evidence or, if applicable, after the filing of briefs or the presentation of
				oral argument.
(2) The commission's
				orders shall be in writing and shall be issued as soon as practicable after the
				record has been submitted for consideration.
(3) Every order of the commission shall be
				served by mailing a certified copy, with postage prepaid, to all parties of
				record.
(4) The commission may, at
				its discretion, issue a preliminary order and allow parties to provide
				responses to the preliminary order. The commission may then issue its order
				after reviewing the responses of the parties.
(5) As technology permits, and where the
				parties have provided their electronic mail address, the commission will
				attempt to issue an electronic copy of each order.
*Original authority: 386.410, RSMo 1939, amended 1947,
					 1977, 1996.
Am. Petrol. Exchange v. Public Service Commission, 172 SW2d
					 952, transferred 238 Mo. App. 92, 176 SW2d 533 (Mo. 1943). Commission has no
					 power to declare or enforce any principle of law or equity. Commission cannot
					 determine damages, award pecuniary relief or abate a
					 nuisance.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.160 - Rehearings and Reconsideration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the procedure for
				  requesting a rehearing of a final order or a reconsideration of a procedural or
				  interlocutory order of the commission and the disposition of that
				  request.
(1) Applications for
				rehearing may be filed pursuant to statute.
(2) Motions for reconsideration of procedural
				and interlocutory orders may be filed within ten (10) days of the date the
				order is issued, unless otherwise ordered by the commission. Motions for
				reconsideration shall set forth specifically the ground(s) on which the
				applicant considers the order to be unlawful, unjust, or unreasonable. At any
				time before a final order is issued, the commission may, on its own motion,
				reconsider, correct, or otherwise amend any order or notice issued in the
				case.
(3) The filing of a motion
				for reconsideration shall not excuse any party from complying with any order of
				the commission, nor operate in any manner to stay or postpone the enforcement
				of any order, unless otherwise ordered by the commission.
(4) The commission may correct its own orders
nunc pro tunc
.
*Original authority: 386.410, RSMo 1939, amended 1947,
					 1977, 1996.