Effective - 28 Aug 1957
536.080. Parties may file briefs — officials to hear or read evidence. — 1. In contested cases each party shall be entitled to present oral arguments or written briefs at or after the hearing which shall be heard or read by each official of the agency who renders or joins in rendering the final decision.
2. In contested cases, each official of an agency who renders or joins in rendering a final decision shall, prior to such final decision, either hear all the evidence, read the full record including all the evidence, or personally consider the portions of the record cited or referred to in the arguments or briefs. The parties to a contested case may by written stipulation or by oral stipulation in the record at a hearing waive compliance with the provisions of this section.
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(L. 1945 p. 1504 § 8, A.L. 1957 p. 748 § 536.083)
(1976) Where member of commission had assumed office after conclusion of all hearings and did not participate in the decision which was certified by the participating members, but did participate in order denying application for rehearing to which no certification was attached, trial court was directed to modify its "order of remand" to allow the commissioner ten days to certify that he had complied with this section at the time of denial of the motion for rehearing. Absent such certification, remand for reconsideration should follow. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 536 - Administrative Procedure and Review
Section 536.010 - Definitions.
Section 536.014 - Rules invalid, when.
Section 536.015 - Missouri Register published at least monthly.
Section 536.019 - Effective date of rules — contingent effective date.
Section 536.022 - Suspension or termination of rules — procedure.
Section 536.025 - Emergency rule powers — procedure — definitions.
Section 536.026 - Comments on proposed rules — committees for comment.
Section 536.027 - Written comments to be retained as public record for three years.
Section 536.037 - Committee on administrative rules, members, meetings, duties — reports — expenses.
Section 536.043 - Director of social services not required to but may promulgate rules.
Section 536.046 - Public rulemaking docket, contents, publication.
Section 536.053 - Standing to challenge rule.
Section 536.060 - Informal disposition of case by stipulation — summary action — waiver.
Section 536.063 - Contested case, how instituted — pleadings — copies sent parties.
Section 536.067 - Notice in contested case — mailing — contents — notice of hearing — time for.
Section 536.075 - Discovery rule violations, sanctions.
Section 536.077 - Subpoenas, issuance — form — how served — how enforced.
Section 536.080 - Parties may file briefs — officials to hear or read evidence.
Section 536.085 - Definitions.
Section 536.090 - Decisions in writing — notice.
Section 536.095 - Contempt — procedure for punishment.
Section 536.100 - Party aggrieved entitled to judicial review — waiver of independent review, when.
Section 536.110 - Petition, when filed — process — venue.
Section 536.120 - Suspension of decisions or orders.
Section 536.130 - Record on judicial review.
Section 536.140 - Scope of judicial review — judgment — appeals.
Section 536.150 - Review by injunction or original writ, when — scope.
Section 536.160 - Refund of funds paid into court, when.
Section 536.175 - Periodic review required by state agencies, schedule, procedure.
Section 536.210 - Fiscal note forms.
Section 536.215 - Revised fiscal notes required, when — rejection, when.
Section 536.303 - Small business statement required for certain proposed rules, content.
Section 536.310 - Authority of board.
Section 536.315 - State agencies to consider board recommendations, response.
Section 536.320 - Waiver or reduction of administrative penalties, when — inapplicability, when.