Section 2 General Considerations

• Library: Administrative Law 2011

While the general administrative rules of evidence for contested cases are set forth in § 536.070, RSMo 2000, many administrative agencies have their own rules governing how information is to be presented, which counsel should check. State agencies promulgate rules of procedure, including special evidentiary rules, which can be found in the Code of State Regulations, available from either the agency or the Secretary of State, Administrative Rules Division. In addition, administrative agencies use various customs and practices, so counsel is advised to check with the chief clerk or counsel for the administrative agency to determine those peculiarities.

Before becoming entangled in the intricacies of proving facts by evidence, counsel should remember that a stipulation of facts saves time and effort for both counsel and the tribunal. Section 536.060, RSMo 2000, encourages stipulations. A stipulation of fact is substantial and competent evidence that a reviewing court is not free to ignore. State ex rel. Sure-Way Transp., Inc. v. Div. of Transp. Dep’t of Econ. Dev., State of Mo., 836 S.W.2d...