Effective - 28 Aug 1979
236.470. Conduct of hearings — subpoenas — approval of final orders. — 1. At any public hearing all testimony taken before the council, or a hearing officer appointed by the council chairman, shall be under oath and recorded stenographically. The transcript so recorded shall be made available to any person upon payment of the usual charge therefor.
2. In any such hearing, any member of the council or the hearing officer shall issue in the name of the council notice of hearing and subpoenas. Subpoenas shall be issued and enforced as provided in section 536.077. The rules of discovery that apply 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 least four members of the council.
4. All other hearings may be held before one council member designated by the council chairman or a hearing officer who shall be a member of the Missouri bar and appointed by the council chairman. The hearing officer or council member shall preside at the hearing and hear all evidence and rule on the admissibility of evidence. The hearing officer or council member shall make recommended findings of fact and may make recommended conclusions of law to the council.
5. All final orders or determinations or other final actions by the council shall be approved in writing by at least four members of the council. Any council member approving in writing any final order or* determination or other final action, who did not attend the hearing, shall do so only after reviewing all exhibits and reading the entire transcript.
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(L. 1979 H.B. 603 § 15)
*Word "of" appears in original rolls.
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 236 - Dams, Mills and Electric Power
Section 236.010 - Dams across nonnavigable streams — who may erect.
Section 236.020 - Owner of land on one side of stream may erect dam.
Section 236.030 - Petition to be filed in circuit court — contents.
Section 236.040 - Additional information to be set out.
Section 236.050 - Petition, where filed.
Section 236.060 - Writ of ad quod damnum.
Section 236.070 - Duty of sheriff in executing writ.
Section 236.080 - Acre of ground to be set apart, when.
Section 236.090 - Proprietor to be notified of the inquest.
Section 236.100 - Sheriff and jury may act in adjoining county.
Section 236.110 - Inquest to be in writing.
Section 236.120 - Proceedings on return of inquest.
Section 236.130 - Issues to be tried as in civil cases.
Section 236.140 - Costs, how adjudged.
Section 236.150 - Court may order new writ.
Section 236.160 - Court may enter order to erect dam, when.
Section 236.170 - Court shall include in its order, what.
Section 236.180 - Privilege to erect subject to certain conditions.
Section 236.190 - Land decreed for mill privileges to revert, when.
Section 236.200 - Height of dam, how increased.
Section 236.210 - Inquest not to bar right of action, when.
Section 236.220 - Power of court to prevent erection of dam.
Section 236.230 - Dams without chutes declared nuisances.
Section 236.240 - Dams deemed public nuisances, when.
Section 236.250 - Forfeiture of rights, when.
Section 236.255 - Dam reconstructed and maintained when used for other purposes.
Section 236.260 - Privilege to construct dam to cease, when.
Section 236.270 - Penalty for building without permission.
Section 236.280 - Right to divert stream through tunnel — conditions.
Section 236.400 - Definitions.
Section 236.405 - Employment of engineer and assistants — records — rulemaking, procedure.
Section 236.420 - Inspection of dams and reservoirs, when — report on conditions.
Section 236.425 - Chief engineer's duties — search warrants — council to hear certain appeals.
Section 236.430 - Employees, council to provide for.
Section 236.445 - Permit may be suspended — alteration or removal may be required — violation.
Section 236.450 - Removal or repair of abandoned dam — recovery of expenses.
Section 236.455 - Emergency action authorized.
Section 236.460 - Transfer of ownership, notice required.
Section 236.470 - Conduct of hearings — subpoenas — approval of final orders.
Section 236.475 - Immunity of officers.
Section 236.485 - Water rights preserved.
Section 236.490 - Enforcement of act.
Section 236.495 - Legal actions for enforcement available, procedure.