213.135. Local commissions, power and authority--procedure--public attorney, duties--appeal, procedure--adoption of procedural rules. - Missouri Statutes

Local commissions, power and authority--procedure--public attorney,duties--appeal, procedure--adoption of procedural rules.

213.135. 1. Any local commission authorized undersubsection 3 of section 213.020 and certified by the commissionas substantially equivalent shall, pursuant to the provisions ofthis section, have power and authority to hear complaints ofviolations of this chapter that are alleged to have beencommitted within the city, town, village or county which createdthe commission, provided that no complaint against the state ofMissouri, including the University of Missouri system, or anyofficial, officer, employee, department, agency, or other agentor servant thereof shall be entertained by a municipal or countycommission as authorized in subsection 3 of section 213.020.Such authority may only be exercised in a manner consistent withthe provisions of this chapter. In furtherance of the authoritygranted in this section, local commissions shall be empowered tohold hearings, subpoena witnesses, compel their attendance,administer oaths, to take the testimony of any person under oath,and to require the production for examination of any books,papers or other materials relating to any matter underinvestigation or in question before the commission.

2. Any local commission authorized under subsection 3 ofsection 213.020 may be empowered by the legislative body of thecity, town, village or county it serves to exercise the powersgranted in this section, any provision of law, charter orordinance to the contrary notwithstanding.

3. Proceedings before the local commission shall beconsistent with the requirements of section 213.075, with theexceptions that in the context of these proceedings, thereferences to the attorney general therein shall apply to anattorney or counselor for the city, town, village or county, andthat contested cases before the local commission shall be heardby a hearing examiner who shall present to the local commission,or to a panel of members thereof, proposed findings of fact,proposed conclusions of law, and a proposed order, or who shall,if the municipal ordinance so provides, render findings of fact,conclusions of law, and an order. Hearings before localcommissions shall either be tape recorded or held before acertified court reporter.

4. The order of a local commission shall not be final forappeal purposes until filed with and reviewed by a hearingexaminer of the commission. The order shall be filed with thecommission within thirty days of the date the local commissionentered its order. Within fifteen days of the filing of theorder the local commission shall transmit the transcript of thehearing previously reduced to writing to the commission. Thelocal commission shall prepare the transcript of the hearing andfile with it all exhibits, whether received or rejected, with thecommission. The commission hearing examiner shall issue anopinion within ninety days of receipt of the local commission'scomplete hearing record. Thirty days from the date of issuanceof the opinion, the order of the local commission shall becomefinal for purposes of appeal and may be appealed in the samemanner as any other decision of the commission as set out insection 213.085. If no opinion is issued by the hearing examinerwithin ninety days, the local commission's decision shall beconsidered final for purposes of appeal and may be appealed inthe same manner as any other decision of the commission as setout in section 213.085.

5. If no appeal from a final order of a local commissionhas been filed within thirty days, a petition for enforcement ofthe order may be filed in the circuit court as provided insection 213.085.

6. Local commissions may adopt procedural rules relating tothe investigation, settlement and conciliation of complaints andconduct of hearings, provided that such rules and regulations areconsistent with the provisions and spirit of this chapter. Suchrules and regulations shall be subject to review by the Missouricommission on human rights, and shall not become effective untilapproved thereby. The commission shall have authority toapprove, disapprove, or approve with amendments any localcommission rules submitted to it. In the event that thecommission approves local commission rules and regulations withamendments, such rules shall become effective when the amendmentsare adopted by the local commission.

(L. 1992 H.B. 1619)