reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.210 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment specifies the commission's
				  new address and clarifies that a limited liability company is a separate legal
				  entity for purposes of the rules of the Administrative Hearing
				  Commission.
(1) As used in
				this chapter, the following terms mean:
(A)
				Agency-any governmental entity subject to the jurisdiction of the
				commission;
(B) Aggrieved
				person-any person, other than an agency, the attorney general, a licensee or an
				applicant, whom the law allows to file a complaint relating to a
				license;
(C) Applicant-any person
				whom an agency refuses to permit to be examined upon the person's
				qualifications, or who has passed an examination for licensure but as to whom
				an agency refuses to issue or renew a license, or who possesses the
				qualifications for licensure without examination;
(D) Commission-the Administrative Hearing
				Commission or any commissioner;
(E)
				Commissioner-any administrative hearing commissioner, including any acting
				commissioner;
(F) Commission's
				office-the Administrative Hearing Commission's official residence at 131 West
				High Street, Third Floor, PO Box 1557, Jefferson City, MO 65101;
(G) Complaint-the petition, application, or
				other initial pleading other than a motion for a stay, or any amended
				complaint;
(H) Hearing-any
				presentation to, or consideration by, the commission of evidence or argument on
				a complaint, motion or application;
(I) License-any permit to engage in a
				licensed activity or certificate of registration;
(J) Licensee-any person holding a
				license;
(K) Person-any individual,
				corporation, limited liability company, or other legal entity;
(L) Petitioner-the party filing the
				complaint;
(M) Pleading-a complaint
				or a responsive pleading;
(N)
				Respondent-the party against whom the complaint is filed, and any person later
				joined as respondent;
(O)
				Responsive pleading-an answer, and any motion directed to the contents or form
				of the complaint, including, without limitation, motions to dismiss, motions
				for more definite statement or to make more definite and certain, motions to
				strike or any combination of these pleadings; and
(P) Stay-any stay or a suspension of any
				action from which petitioner is appealing.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.230 - Computation of Time

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the manner in which
				  time periods will be computed.
(1) In computing any period of time
				prescribed or allowed by these rules or by order of the commission, the day of
				the act, event or default after which the designated period of time begins to
				run is not to be included. The last day of the period so computed is to be
				included, unless it is a Saturday, Sunday or legal holiday, in which event the
				period runs until the end of the next day which is neither a Saturday, Sunday
				nor legal holiday.
(2) The
				commission may extend the time set by these rules or by order of the commission
				either before or after the time period has expired.
(3) A party may move for an extension of the
				time set by these rules or by order of the commission. The motion shall be in
				writing and shall state whether any party objects to the extension or that
				efforts to contact the parties have been futile.
*Original authority: 621.198, RSMo 1965, amended
					 1978.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.250 - Practice by a Licensed Attorney; When Required

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies that a limited
				  liability company is a legal entity that must be represented by an attorney
				  when appearing before the commission pursuant to section
				  484.010,
				  RSMo.
(1) Any individual may
				present that individual's own case without a licensed attorney.
(2) Any individual may file a complaint on
				behalf of another person, including a corporation, limited liability company,
				or other legal entity.
(3) Except
				as set forth in section (2) of this rule, only a licensed attorney may
				represent any other person, including a corporation, limited liability company,
				or other legal entity. The filing of any document with the commission by a
				licensed attorney shall be deemed an entry of appearance. An attorney not
				authorized to practice in Missouri shall enter an appearance in accordance with
				Missouri Supreme Court Rules.
*Original authority: 621.198, RSMo 1965, amended 1978,
					 2001.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.270 - Service of Filings Other Than the Original Complaint

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment permits service on other
				  parties by email and specifies when service is completed.
(1) Unless otherwise provided by these rules
				or by other law, any party to a proceeding before the commission or any person
				who seeks to become a party shall serve upon all attorneys of record and
				unrepresented parties a copy of any document or item the party files with the
				commission.
(2) Methods of Service.
(A) A person may serve a document on an
				attorney by-
1. Hand-delivering it to the
				attorney;
2. Leaving it at the
				attorney's office with a secretary, clerk, or attorney associated with or
				employed by the attorney served;
3.
				Mailing it to the attorney's last known address;
4. Sending it to the attorney's last known
				e-mail address; or
5. Facsimile transmitting (faxing) it to the
				attorney's last known fax number.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.290 - Filing of Documents; Fax or Electronic Filing; Posting Bond

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment allows for electronic filing
				  with the commission and clarifies when documents are deemed filed with the
				  commission when delivered by various means.
(1) A party may file a document with the
				commission by-
(A) Hand-delivering the
				document to the commission. A document filed by hand-delivering a physical copy
				to the commission is deemed filed on the date the commission receives the
				document;
(B) Registered or Certified Mail. A document filed by
				registered or certified mail, as defined in section
				1.020(1),
				RSMo, is deemed filed on the date shown on
				the records of the United States Post Office or other common carrier that
				allows a sender or recipient to electronically track its location and provides
				record of the signature of the recipient;
(C) Electronic
				Transmission by fax or through an electronic filing system, or its equivalent.
1. A document filed by fax shall follow the
				procedures set forth in section (2) of this rule.
2. A document filed by electronic filing or
				its equivalent shall follow the procedures set forth in section (3) of this
				rule.
3. A document filed by fax or
				electronic filing is deemed filed at the time the commission receives the fax
				or electronic filing, except that if a document arrives by fax or electronic
				filing after 5:00 p.m. and before 12:00 midnight or on a Saturday, Sunday, or
				legal holiday, it is filed on the commission's next business day, unless the
				commission orders otherwise; or
(D) Any Other Method.
				A document filed by any method other than hand-delivery, registered mail,
				certified mail, fax, or electronic filing is deemed filed on the date the
				commission receives the document.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.320 - Stay of Action under Review

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment recognizes that the name of
				  the Division of Liquor Control has been changed by executive order, clarifies
				  certain requirements for a motion for stay or suspension of an agency's
				  actions, and eliminates the requirement for multiple copies.
(1)Scope and Content. The commission may stay
				or suspend any action of an administrative agency pending the commission's
				findings and determination in the cause.
(A)
				All motions for stay of the action from which petitioner is appealing shall be
				in writing.
(B) The movant shall
				include in the motion:
1. The full name,
				address and telephone number of movant, any attorney representing movant, the
				name, address, and telephone number of the respondent and any attorney
				representing respondent;
2.
				Suitable space in the caption for the commission to affix a case
				number;
3. A clear heading, Motion
				for Stay;
4. Facts showing why the
				commission should grant the stay, set forth in numbered paragraphs, each of
				which shall contain, as far as practical, a single set of circumstances;
				and
5. A copy of any written notice
				of the action from which the petitioner is appealing.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.350 - Complaints

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment eliminates the requirement
				  for filing multiple copies of a complaint when it is filed electronically,
				  mirrors statutory language regarding filing fees for franchising cases under
				  Chapter 407, RSMo, and clarifies the requirements for a complaint filed under
				  Chapter 36, 105, or 162, RSMo.
(1) In General. The commission shall construe
				the provisions of this rule liberally if petitioner has prepared the complaint
				without legal counsel.
(A) All complaints
				shall be in writing.
(B) Petitioner
				shall include in the complaint:
1. The full
				name, address, and telephone number of-
A.
				Petitioner; and
B. Any attorney
				representing petitioner;
2. Suitable space in the caption for the
				commission to affix a case number; and
3. As far as practical, facts in numbered
				paragraphs stating the relief sought and the reason for granting it; however,
				the failure to include facts in numbered paragraphs shall not be a reason for
				involuntary dismissal of a complaint.
(C) Petitioner or petitioner's legal counsel
				shall sign the complaint.
(D)
				Petitioner shall file the original of the complaint at the commission's office
				with sufficient copies for all parties, unless filing the complaint via fax or
				e-mail in accordance with
				1
				CSR 15-3.290.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.380 - Answers and Other Responsive Pleadings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies that an answer in a
				  case filed under section
				  162.961,
				  RSMo, Individuals with Disabilities Education Act (IDEA) is due within ten (10)
				  days after receipt of the complaint.
(1) The respondent shall file an answer in
				all cases except those arising pursuant to sections
				36.280,
				36.370,
				36.380,
				and 36.390, RSMo, in which case respondent may, but is not required to, file an
				answer, unless the commission orders that an answer be filed.
(2) An answer to the complaint shall-
(A) Be in writing;
(B) Admit those portions of the complaint
				which the respondent believes are true and deny those portions that the
				respondent believes are not true and state that the respondent is without
				sufficient knowledge to admit or deny the portions not admitted or
				denied;
(C) Assert as a defense any
				specific failure of the complaint to comply with
				1 CSR 15-3.350 or
				waive that defense by not asserting it;
(D) Be signed by the respondent or the
				respondent's attorney; and
(E) When
				the petitioner seeks review of respondent's action, include-
1. Allegations of any facts on which the
				respondent bases the action, with sufficient specificity to enable the
				petitioner to address such allegations;
2. Any provision of law that allows the
				respondent to base the action on such facts;
3. A copy of any written notice of the action
				of which petitioner seeks review, unless such written notice was included in
				the complaint; and
4. Facts that
				show that the respondent has complied with any provisions of law requiring the
				respondent to notify the petitioner of the action that petitioner is
				appealing.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.390 - Intervention

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment makes the commission's filing
				  requirements for intervention more consistent with procedure in the circuit
				  courts.
(1) The commission
				may permit any person to intervene if the person-
(A) Files a motion for intervention within
				such time as not to delay unduly the hearing on the complaint; and
(B) Has an interest in the action which is
				different from the general public interest and which cannot be represented
				adequately by the parties.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.410 - Closing of Case Records and Hearings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedure for
				  closing records or a hearing in a particular case, and redaction of personal
				  information from documents filed with the Administrative Hearing Commission,
				  but does not constitute legal authority for closing a record or
				  hearing.
(1) Any party to a
				case may move to close any record or hearing, or any portion thereof, in that
				case. The motion shall be in writing. The party shall file it no fewer than
				fourteen (14) days before the date the party wants the matter closed. The
				motion shall cite the legal authority under which the commission may close the
				record or hearing.
(2) The
				responsibility for redacting information that may be closed pursuant to
				Missouri's Open Record Laws, Chapter 610 including records protected from
				disclosure by other laws pursuant to section
				610.021(14),
				RSMo, from a document rests solely with counsel, the parties, or any other
				person preparing or filing that document. The commission's staff will not
				review each document for compliance with this regulation. Information that may
				be closed includes, but is not limited to:
(A)
				Social Security numbers;
(B)
				Testing and examination material used by an agency;
(C) Software codes for electronic data
				processing;
(D) Financial
				institution account numbers, credit card numbers, personal identification
				numbers, or passwords used to secure accounts; and
(E) Personal health information.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.420 - Discovery

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment makes commission requirements
				  for filing a certificate of service for discovery requests more consistent with
				  procedure in the circuit courts.
(1) Any party may obtain discovery in the
				same manner, upon or under the same conditions and upon the same notice and
				other requirements as is or may be provided for with respect to discovery in
				civil actions by rule of the Supreme Court of Missouri for use in the circuit
				court, except as provided in this rule or by statute.
(2) Service and Responses.
(A) A party serving written interrogatories;
				requests for admissions, production of documents or things or permission to
				enter upon land or other property, for inspection and other purposes; and
				physical and mental examinations, shall include a certificate of service in
				substantially the following form:
I served the original and (number of) copies of these
				  (written interrogatories/production of documents or things or permission to
				  enter upon land or other property, for inspection and other purposes/physical
				  and mental examinations/requests for admission) on (name and address of parties
				  or attorneys) this ____________ day of __________________ , 20 _________
				  .
(Signature)
				  ______________________________________________
The party shall file a copy of the certificate with the
				  commission. The party shall serve the original discovery on the party to whom
				  it is directed.
1. The party shall not
				file written interrogatories; requests for production of documents or things or
				permission to enter upon land or other property, for inspection and other
				purposes; and physical and mental examinations with the commission unless the
				commission so orders.
2. The party
				may file requests for admissions with the commission.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.425 - Sanctions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment permits the commission to
				  dismiss a case under certain circumstances.
(1) The commission may impose a sanction on
				any party for conduct including, without limitation, such party's failure to:
(A) Comply with any order or rule of the
				commission, including failure to file an answer;
(B) Appear at any hearing; or
(C) Apprise the commission of a current
				mailing address.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.430 - Dismissal

Current through Register Vol. 49, No. 14, July 15, 2024
(
Rescinded November 30,
				  2002)
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.431 - Voluntary Dismissal, Settlement, and Consent Orders

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment accommodates the repeal and
				  reenact-ment of section
				  620.149 as section
				  324.038,
				  RSMo, in S.B. 788 (2008).
(1)
				Voluntary Dismissal. Petitioner may voluntarily dismiss the complaint by filing
				a notice of dismissal stating that petitioner dismisses the complaint. A notice
				of dismissal dismisses the complaint and is effective as of the date on which
				petitioner files it, without any action by the commission. Petitioner may
				dismiss the complaint, subject to statutory time limits for refiling-
(A) Before the filing of a motion for
				decision without hearing under
				1 CSR
				15-3.446 or the introduction of evidence at the
				hearing, whichever is earlier, without the commission's leave; or
(B) After the filing of a motion for decision
				without hearing under
				1 CSR
				15-3.446 or the introduction of evidence at the
				hearing, whichever is earlier, only with leave of the commission or with
				written consent of respondent. The commission shall grant leave freely when
				justice so requires.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.436 - Involuntary Dismissal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for motions to dismiss by
				  someone other than petitioner.
(1) Involuntary dismissal means a
				disposition, or recommended disposition, against petitioner that does not reach
				the merits of the complaint. The commission may order involuntary dismissal on
				its own motion. Grounds for involuntary dismissal include:
(A) Lack of jurisdiction;
(B) Mootness; and
(C) Grounds for a sanction as set forth in
				rule
				1 CSR
				15-3.425.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.440 - Disposing of a Case Without a Hearing on the Complaint

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded January 1, 2009)
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.446 - Decision on the Complaint without a Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment states the commission's
				  preference that motions for summary decision be drafted as required by the
				  circuit courts.
(1)
				Generally. Decision without hearing means a disposition, or recommended
				disposition, of the complaint on the merits. It includes a decision on the
				pleadings, summary decision, and consent order in cases under section
				621.045,
				RSMo. The commission may grant a motion for decision without hearing in favor
				of any party, including a party who did not file the motion. On any motion
				under this rule, the commission may allow such written argument as it deems
				helpful and may rule on the motion without oral argument.
(2) Any party may file a motion for a
				decision without hearing on all or any part of the complaint except that,
				unless the commission grants leave otherwise, no party shall file a motion for
				decision without hearing-
(A) In any case in
				which any legal authority, other than the commission, sets any maximum time for
				conducting a hearing on the merits of the complaint.
(B) In any case, less than forty-five (45)
				days before the hearing, except by leave of the commission for good
				cause.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.450 - Determination of Cases Without Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2002)
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.470 - Prehearing Conferences

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the setting and subject
				  matter of the prehearing conference.
On its own motion or that of any party, the commission may
				  order a prehearing conference to discuss matters pertinent to the
				  case.
*Original authority: 621.035, RSMo 1978; 621.035, RSMo 1978
					 and 621.198, RSMo 1965, amended 1978,
					 2001.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.480 - Motions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes how a party may obtain
				  oral argument or an evidentiary hearing on a motion.
The commission may rule upon any motion filed with it on the
				  basis of the record before it and without oral argument. The commission shall
				  hear oral argument or evidence only upon a party's written motion and for good
				  cause shown or upon the commission's own motion. The commission need not rule
				  on a motion that does not clearly request action by the
				  commission.
*Original authority: 621.198, RSMo 1965, amended 1978,
					 2001.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.490 - Hearings on Complaints; Default

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedures for the
				  setting of, continuance of, and order of proof in hearings on complaints and
				  meets the requirement of sections
				  536.060
				  and
				  536.073.3,
				  RSMo 2000, which requires the commission to make rules providing for
				  disposition in the nature of default judgment.
(1) Notice. The commission shall serve the
				initial notice of the place, date, and time upon which it will hold the hearing
				on an agency's complaint on all parties by certified mail, or by personal
				delivery, except where notice by publication is expressly authorized by
				statute. The commission may serve any other notice of hearing, or any notice
				resetting the hearing, by certified mail, regular mail, personal delivery, or
				any other method provided by law.
(2) Use of Telephone or Videoconferencing
				Equipment. Any party may, for good cause, request in writing that the hearing
				be conducted or certain testimony taken by telephone or videoconferencing
				equipment.
(3) Date.
(A) First Setting. Unless otherwise provided
				by statute or with the consent of the parties, the commission shall hold no
				hearing fewer than twenty (20) days after the first issuance of
				notice.
(B) Resettings. If the
				commission resets the hearing, it shall send out an amended notice. If the
				reset date is later than the first setting, the commission may hold the hearing
				fewer than twenty (20) days from the date of the issuance of the amended
				notice.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.500 - Written Arguments

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth procedures for filing
				  written arguments or proposed findings of fact and conclusions of law after the
				  hearing.
The parties may request, or the commission may order them, to
				  file written arguments, proposed findings of fact and conclusions of law, or
				  both.
*Original authority: 621.198, RSMo 1965, amended 1978,
					 2001.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.510 - Transcripts

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth procedures for the
				  availability and correction of a transcript and when the hearing reporter may
				  destroy records.
(1) The
				parties may request, or the commission may order, that the hearing reporter
				make a transcript of a hearing. The hearing reporter shall file the transcript
				with the commission. Any person may purchase a copy of the transcript through
				the hearing reporter.
(2) Any party
				may move to correct the transcript no more than ninety (90) days after the
				hearing reporter files the transcript. The commission on its own motion may
				order the hearing reporter to correct the transcript any time before the
				commission finally disposes of the case.
(3) The hearing reporter may destroy any
				shorthand notes, audio tapes or both of a hearing in any case in which neither
				the commission nor any party has-
(A)
				Requested that a transcript be made within sixty (60) days after the commission
				finally disposes of the case; or
(B) Moved to correct the transcript as
				provided in section (2) of this rule within ninety (90) days after the court
				reporter files the transcript.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.530 - Bench Rulings and Memorandum Decisions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a procedure for
				  parties to obtain a bench ruling or a memorandum decision, as provided by
				  section
				  536.068,
				  RSMo (Cum. Supp. 1990).
(1)
				As used in this rule, a bench ruling is an announcement of the ultimate
				disposition of the case. As used in this rule, a memorandum decision is a
				writing setting forth the ultimate disposition of the case and the legal
				analysis supporting the disposition.
(2) The parties may move for either a bench
				ruling or a memorandum decision to dispose of all or any part of the case. The
				motion shall be in writing, shall be made jointly by all parties and shall
				include a waiver by all parties of the provisions of section
				536.090,
				RSMo (1986), relating to the rendering of findings of fact and conclusions of
				law. The motion shall be accompanied by a brief from each party setting forth
				the operative facts the party expects to show, the issues those facts raise and
				the authorities which support the conclusion the party seeks.
(3) The commission may issue a bench ruling
				orally on the record. The commission shall issue a written form of the bench
				ruling no later than seven (7) days after the conclusion of the hearing or
				seven (7) days after the motion is filed, whichever is later. The commission
				shall deliver or send by certified mail to each party the written form of the
				bench ruling. The date of issuance is the date issued orally on the record or,
				if not issued orally, the date of the writing.
(4) The commission shall issue a memorandum
				decision no later than seven (7) days after the conclusion of the hearing or
				seven (7) days after the motion is filed, whichever is later. The commission
				shall deliver or send by certified mail a copy to each party.
*Original authority: 621.198, RSMo 1965, amended
					 1978.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.560 - Fees and Expenses

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment specifies the procedure to be
				  followed by a party seeking attorneys' fees in certain tax cases and cases
				  filed under section
				  162.961,
				  RSMo, Individuals with Disabilities Education Act (IDEA).
A party may file a complaint for litigation fees and expenses
				  as authorized by law. Such complaint shall be a separate contested case. The
				  complaint for fees and expenses shall be governed by section
				  536.087,
				  RSMo, or, in certain tax cases by section
				  136.315,
				  RSMo. For cases filed under section
				  162.961,
				  RSMo, Individuals with Disabilities Education Act (IDEA), the complaint for
				  fees and expenses shall be filed in the appropriate court as authorized by
				  34 CFR
				  300.517.
*Original authority: 621.198, RSMo 1965, amended 1978,
					 2001.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law › Section 1 CSR 15-3.580 - Certifications of Records

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment makes commission procedure
				  more consistent with procedure in the circuit courts regarding the content of
				  the record on appeal and the procedure by which the commission shall cause the
				  record to be certified to a court or agency.
(1) Record Defined.
(A) As used in this rule, the term record has
				the meaning set forth in section 536.130.1, RSMo.
(B) Such
				record shall consist of any one (1) of the following:
1. Such parts of the record, proceedings and
				evidence before the commission as the parties by written stipulation filed with
				the commission may agree upon before the commission has certified the
				record;
2. Any agreed statement of
				the case that is agreed to by all the parties and approved as correct by the
				commission; or
3. A complete
				transcript of the entire record, proceedings and evidence before the
				commission, but any matter not essential to the decision of the questions
				presented by the complaint may be omitted, but the commission's decision, order
				and findings of fact and conclusions of law shall be included in every case.
				Documents may be abridged by the omission of irrelevant and formal parts
				thereof, including, but not limited to, briefs, proposed findings of fact and
				proposed conclusions of law, hearing notices, miscellaneous correspondence,
				motions, objections and responses, or commission orders not material to the
				decision.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 15 - Administrative Hearing Commission › Chapter 4 - Personnel Advisory Board Cases › Section 1 CSR 15-4.485 - Hearings for Section 536.140, RSMo (1986)

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded May 28, 1995)
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 1 - Organization and Operation › Section 1 CSR 20-1.010 - General Organization

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment revises this rule pursuant to
				  changes to Chapter 36, RSMo made by Senate Bill 1007 (2018).
(1) Division of Personnel. The Division of
				Personnel is a division of the Office of Administration of the state
				government. It is responsible for the administration of a uniform system of
				classification and pay and a system of personnel management in accordance with
				the provisions of the State Personnel Law, Chapter 36, RSMo. In addition, it is
				the duty of the division to-
(A) Promote
				uniformity in employment conditions and compensation of state
				employees;
(B) Provide aid to
				departments in personnel matters; and
(C) Develop a career system of state service
				that will enable the state to utilize all its personnel in as efficient and
				effective a manner as possible without restrictions of department, agency, or
				other entity of the executive branch of state government.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 1 - Organization and Operation › Section 1 CSR 20-1.030

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 36.070, RSMo 1945, amended 1979,
					 1995.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 1 - Organization and Operation › Section 1 CSR 20-1.045 - Covered Service

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines the covered service of the
				  state under coverage of the uniform classification and pay provisions of the
				  State Personnel Law contained in section
				  36.031, RSMo.
(1) The covered service shall consist of, and
				the uniform classification and pay provisions of the State Personnel Law and
				these rules shall apply to, all offices, positions, and employees of those
				departments and agencies of the executive branch of state government as
				specified in Chapter 36, RSMo.
*Original authority: 36.031, RSMo
					 1990.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 2 - Classification and Pay Plans › Section 1 CSR 20-2.010 - The Classification Plan

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment revises this rule pursuant to
				  changes to Chapter 36, RSMo made by Senate Bill 1007 (2018).
(1) The classification plan shall be
				maintained as follows:
(A) Revisions of Plan.
				The classification plan shall be so developed and maintained that all positions
				substantially similar with respect to the kind, difficulty, and responsibility
				of work are included in the same class and that the same schedule of pay may be
				applied with equity to all positions in a class (see section
				36.110, RSMo);
(B) Reallocation of Positions Within the
				Established Plan. The director may investigate the duties of any position in
				the classified and covered service subject to the law to determine the
				correctness of allocation and to provide for maintenance of the classification
				plan. Before making any permanent and substantial change in the duties,
				authority, or responsibilities of a position subject to the law, an appointing
				authority shall notify the director in writing of his/her intention to do so,
				together with a statement of the duties, authorities, and responsibilities to
				be assigned. If the duties of his/her position are changed, or if at any time
				an employee does not believe that the duties of the position are appropriate to
				his/her classification, s/he may make a request in writing to the director for
				a review of the duties of his/her position, setting forth reasons for the
				review. If those reasons appear to be substantial, the director shall make an
				investigation of the position with a view to determining the correctness or
				incorrectness of the allocation (see section
				36.120, RSMo). If a position is
				found to be incorrectly allocated, the director, at any time, may reallocate
				the position to its appropriate class in the classification plan. When the
				allocation of a position is changed, the director shall notify the appointing
				authority. The appropriate personnel action shall be taken by the appointing
				authority upon receipt of the notice of reallocation. If the position is filled
				at the time of reallocation, the appointing authority immediately shall notify
				the incumbent regarding the allocation change. If the incumbent does not agree
				with the new allocation, s/he may submit to the director in writing a request
				for a review of the allocation of the position specifying the reasons why the
				incumbent believes the allocation is incorrect. An employee who is occupying a
				position which is reallocated to a different class shall continue in this
				position only if s/he meets the minimum qualifications for the class to which
				his/her position was reallocated.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 3 - Personnel Selection, Appointment, Evaluation and Separation › Section 1 CSR 20-3.010 - Examinations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment revises this rule pursuant to
				  changes to Chapter 36, RSMo made by Senate Bill 1007 (2018).
(1) Verification of Qualifications. In any
				competitive examination, the director, appointing authorities, or both, may
				verify statements contained in the application of an applicant either before or
				after employment. If a verification of the qualifications of an applicant
				should reveal any material misrepresentation of employment qualifications and
				related information as described in the application for examination or
				attachments, this shall be cause for removal from the register(s) involved,
				from current and future employment, or both, as provided elsewhere in these
				rules.
(2) Veterans' Preference. In
				any competitive examination for the purpose of establishing a register of
				eligibles, veterans, disabled veterans, surviving spouses, and spouses of
				disabled veterans shall be given preference in appointment and examination as
				provided by law.
(A) Proof of Eligibility.
				Proof of eligibility for veterans' preference shall be provided by applicants
				in the form of their discharge papers, a copy of their discharge papers, or
				other satisfactory evidence of honorable service. Applicants also shall submit
				on a form, as may be required by the director, proof of disability certified by
				the appropriate federal agency responsible for the administration of veterans'
				affairs. Any papers submitted to establish proof of service of disability, upon
				request, shall be returned to veterans.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 3 - Personnel Selection, Appointment, Evaluation and Separation › Section 1 CSR 20-3.020 - Registers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment revises this rule pursuant to
				  changes to Chapter 36, RSMo made by Senate Bill 1007 (2018).
(1) Establishment of Registers. The director
				may establish and maintain the registers necessary to provide an adequate
				supply of qualified candidates.
(2)
				Availability of Eligibles. It shall be the responsibility of eli-gibles to
				notify the Personnel Division, and any applicable appointing authority, of any
				change in address or other changes affecting availability for employment.
				However, the director, or any appointing authority, may circulate lists or use
				other methods to determine at any time the availability of eligi-bles. Whenever
				an eligible submits a statement restricting the conditions under which s/he
				will be available for employment, his/her name may be withheld from all
				certification, or from consideration for any employment opportunity, which does
				not meet the conditions which s/he has specified. An eligible may file a new
				statement at any time within the duration of an eligible list modifying any
				prior statement as to conditions under which s/he will be available for
				employment.
*Original authority: 36.060, RSMo 1945, amended 1971, 1979,
					 1993, 1995, 2010 and 36.070, RSMo 1945, amended 1979,
					 1995.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 3 - Personnel Selection, Appointment, Evaluation and Separation › Section 1 CSR 20-3.030 - Certification and Appointment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment revises this rule pursuant to
				  changes to Chapter 36, RSMo made by Senate Bill 1007 (2018).
(1) Certification of eligibles shall be
				designed to provide the appointing authorities with a viable tool for efficient
				selection of an effective work force and shall be governed by the following
				provisions:
(A) In the absence of an
				established register or whenever there are not sufficient names on a register,
				the director may supplement those names with names from other appropriate
				registers.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 3 - Personnel Selection, Appointment, Evaluation and Separation › Section 1 CSR 20-3.050

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 36.070, RSMo 1945, amended
					 1979.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 3 - Personnel Selection, Appointment, Evaluation and Separation › Section 1 CSR 20-3.080 - General Provisions and Prohibitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment revises this rule pursuant to
				  changes to Chapter 36, RSMo made by Senate Bill 1007 (2018).
(1) Prohibition of Discrimination.
(A) Unlawful discrimination proscribed under
				Missouri law or any applicable federal law against any person in recruitment,
				examination, appointment, training, promotion, retention, discipline, or any
				other aspect of personnel administration, because of political or religious
				opinions or affiliations or because of race, creed, color, national origin,
				ancestry, or any other non-merit factors is prohibited. Discrimination on the
				basis of age or sex or physical disability is prohibited except where specific
				age, sex, or physical requirements constitute a bona fide occupational
				qualification necessary to proper and efficient administration.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 4 - Appeals, Investigations, Hearings and Grievances › Section 1 CSR 20-4.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 36.060, RSMo 1945, amended 1971, 1979,
					 1993, 1995, 2010 and 36.070, RSMo 1945, amended 1979,
					 1995.