Section 213.135

Title XII PUBLIC HEALTH AND WELFARE

Chapter 213

Effective - 28 Aug 1992   

  213.135.  Local commissions, power and authority — procedure — public attorney, duties — appeal, procedure — adoption of procedural rules. — 1.  Any local commission authorized under subsection 3 of section 213.020 and certified by the commission as substantially equivalent shall, pursuant to the provisions of this section, have power and authority to hear complaints of violations of this chapter that are alleged to have been committed within the city, town, village or county which created the commission, provided that no complaint against the state of Missouri, including the University of Missouri system, or any official, officer, employee, department, agency, or other agent or servant thereof shall be entertained by a municipal or county commission as authorized in subsection 3 of section 213.020.  Such authority may only be exercised in a manner consistent with the provisions of this chapter.  In furtherance of the authority granted in this section, local commissions shall be empowered to hold hearings, subpoena witnesses, compel their attendance, administer oaths, to take the testimony of any person under oath, and to require the production for examination of any books, papers or other materials relating to any matter under investigation or in question before the commission.

  2.  Any local commission authorized under subsection 3 of section 213.020 may be empowered by the legislative body of the city, town, village or county it serves to exercise the powers granted in this section, any provision of law, charter or ordinance to the contrary notwithstanding.

  3.  Proceedings before the local commission shall be consistent with the requirements of section 213.075, with the exceptions that in the context of these proceedings, the references to the attorney general therein shall apply to an attorney or counselor for the city, town, village or county, and that contested cases before the local commission shall be heard by a hearing examiner who shall present to the local commission, or to a panel of members thereof, proposed findings of fact, proposed conclusions of law, and a proposed order, or who shall, if the municipal ordinance so provides, render findings of fact, conclusions of law, and an order.  Hearings before local commissions shall either be tape recorded or held before a certified court reporter.

  4.  The order of a local commission shall not be final for appeal purposes until filed with and reviewed by a hearing examiner of the commission.  The order shall be filed with the commission within thirty days of the date the local commission entered its order.  Within fifteen days of the filing of the order the local commission shall transmit the transcript of the hearing previously reduced to writing to the commission.  The local commission shall prepare the transcript of the hearing and file with it all exhibits, whether received or rejected, with the commission.  The commission hearing examiner shall issue an opinion within ninety days of receipt of the local commission's complete hearing record.  Thirty days from the date of issuance of the opinion, the order of the local commission shall become final for purposes of appeal and may be appealed in the same manner as any other decision of the commission as set out in section 213.085.  If no opinion is issued by the hearing examiner within ninety days, the local commission's decision shall be considered final for purposes of appeal and may be appealed in the same manner as any other decision of the commission as set out in section 213.085.

  5.  If no appeal from a final order of a local commission has been filed within thirty days, a petition for enforcement of the order may be filed in the circuit court as provided in section 213.085.

  6.  Local commissions may adopt procedural rules relating to the investigation, settlement and conciliation of complaints and conduct of hearings, provided that such rules and regulations are consistent with the provisions and spirit of this chapter.  Such rules and regulations shall be subject to review by the Missouri commission on human rights, and shall not become effective until approved thereby.  The commission shall have authority to approve, disapprove, or approve with amendments any local commission rules submitted to it.  In the event that the commission approves local commission rules and regulations with amendments, such rules shall become effective when the amendments are adopted by the local commission.

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(L. 1992 H.B. 1619)