Section 16 Oral Evidence

• Library: Administrative Law 2011

(1) Oral evidence shall be taken only on oath or affirmation.

Section 536.070(1), RSMo 2000.

In spite of the apparent clarity of § 536.070(1), the presence of unsworn testimony does not invalidate administrative proceedings, at least when the unsworn statements are not disputed. Alpha Portland Cement Co. v. Mo. Dep’t of Natural Res.,608 S.W.2d 451, 454 (Mo. App. E.D. 1980). There is no procedural due process right to sworn testimony in administrative hearings, and proceedings not governed by § 536.070 may not require witnesses to testify under oath. Jamison v. State, Dep’t of Soc. Servs., Div. of Family Servs., 218 S.W.3d 399, 413–14 (Mo. banc 2007).

The unsworn statements of counsel cannot be considered as “competent and substantial” evidence of the facts covered...