Section 39 Judging Credibility of Witnesses

• Library: Administrative Law 2011

It is generally within the province of the administrative body to judge the credibility of all witnesses. Giessow v. Litz, 558 S.W.2d 742 (Mo. App. E.D. 1977). An agency can appoint a hearing officer other than the one who conducted the case to write a decision as long as the appointed officer only uses the record of proceedings. Smith v. Morton, 890 S.W.2d 403 (Mo. App. E.D. 1995). But
the agency, not the hearing examiner, makes the ultimate credibility assessment. Benton-Hecht Moving & Storage, Inc. v. Call,
782 S.W.2d 668 (Mo. App. W.D. 1989). The reason for this is that judging the credibility of witnesses is more than a ministerial act and therefore cannot be delegated to a hearing officer in the absence of a specific statutory provision. State ex...