Section 18 Cross-Examination of a Party

• Library: Administrative Law 2011

(3) A party who does not testify in his own behalf may be called and examined as if under cross-examination.

Section 536.070(3), RSMo 2000.

While administrative hearing officers have wide discretion in determining the scope of cross-examination, this discretion does not extend to excluding testimony on relevant and material issues sought to be evoked on cross-examination. Lagud v. Kansas City Bd. of Police Comm’rs, 136 S.W.3d 786, 793 (Mo. banc 2004). In an unemployment benefits proceeding, a claimant is entitled to the full cross-examination of opposing witnesses in accordance with 8 CSR 10‑5.015(10)(B)(2). Because of the clear terms of § 536.070(2), an objection that cross-examination is “beyond the scope” of...