236.470. Conduct of hearings--subpoenas--approval of final orders. - Missouri Statutes

Conduct of hearings--subpoenas--approval of final orders.

236.470. 1. At any public hearing all testimony takenbefore the council, or a hearing officer appointed by the councilchairman, shall be under oath and recorded stenographically. Thetranscript so recorded shall be made available to any person uponpayment of the usual charge therefor.

2. In any such hearing, any member of the council or thehearing officer shall issue in the name of the council notice ofhearing and subpoenas. Subpoenas shall be issued and enforced asprovided in section 536.077, RSMo. The rules of discovery thatapply in any civil case apply to hearings held by the council.

3. All hearings to approve, amend or repeal guidelines,standards or rules and regulations shall be held before at leastfour members of the council.

4. All other hearings may be held before one council memberdesignated by the council chairman or a hearing officer who shallbe a member of the Missouri bar and appointed by the councilchairman. The hearing officer or council member shall preside atthe hearing and hear all evidence and rule on the admissibilityof evidence. The hearing officer or council member shall makerecommended findings of fact and may make recommended conclusionsof law to the council.

5. All final orders or determinations or other final actionsby the council shall be approved in writing by at least fourmembers of the council. Any council member approving in writingany final order or* determination or other final action, who didnot attend the hearing, shall do so only after reviewing allexhibits and reading the entire transcript.

(L. 1979 H.B. 603 § 15)

*Word "of" appears in original rolls.