Section 29 Conduct of the Hearing

• Library: Personnel Hearings 2011

Section 536.070, RSMo 2000, establishes the hearing procedures. Oral evidence is taken on oath or affirmation. Section 536.070(1). Each party has the right to call and cross-examine witnesses. Section 536.070(2). The hearings tribunal must record the proceedings. Section 536.070(4).

Counsel should beware of the rubrics that administrative proceedings are “informal” and that “technical rules of evidence do not apply.” They are traps for the unwary. “The fact that technical rules of evidence do not control has been considered to permit of [sic] leading questions and other informalities but not to abrogate the fundamental rules of evidence.” McCallister v. Priest, 422 S.W.2d...