First Adopted: February 01, 1972
Most Recently Effective: September 01, 2023
Rule 8 | Rules Governing The Missouri Bar and the Judiciary | Admission to the Bar
8.12 | Hearings Before Board and Review by Court
(a) If the board refuses to grant approval of any application, the applicant may request a hearing by the board by notifying the executive director of the board in writing within 15 days after the board has provided written notice of refusal to the applicant. The written request for a hearing shall advise the board of the precise matters desired to be covered at the hearing. The applicant shall have the right to be represented by counsel and present evidence at the time and place fixed by the board for the hearing.
(b) In any investigation or determination, the board may order a hearing on its own motion either before or after action on any application.
(c) The board's decision upon any such hearing shall be made in writing setting forth the reasons therefore, and a copy thereof shall be provided to the applicant.
(d) After the hearing provided for in Rule 8.12(a), the applicant may appeal to this Court from an adverse decision of the board by filing a notice of appeal that shall set forth in writing the facts and reasons on which it is based. A copy of the appeal shall be filed with the executive director of the board within 15 days after the board's decision is provided to the applicant.
The board, within 30 days after receipt of the notice of appeal, shall file with the clerk of this Court the original notice of appeal together with a statement of the board's action and position in the matter and, when evidence has been taken, shall order a transcript of such portions of the evidence as considered necessary by the board. A copy of the statement of the board and such transcript shall at the same time be served upon the applicant.
The applicant may, at applicant's own expense, file a transcript of any other portion of the evidence heard by the board as applicant considers necessary and serve a copy upon the executive director of the board.
This Court shall not hear or receive additional evidence.
(e) This Court, on application of the board, may make such orders as it shall consider appropriate with regard to payment of or security for the costs and other expenses of hearings and appeals provided for herein.
(Adopted February 1, 1972, effective September 1, 1972. Amended June 27, 1980, effective August 1, 1980; amended January 8, 1993, effective January 8, 1993; amended October 16, 1995, effective March 1996; amended September 3, 2003, effective October 1, 2003; amended March 7, 2005, effective July 1, 2005; amended January 31, 2023, effective September 1, 2023.)
Regulations of Board of Law Examiners
1. In any notification to an applicant that the board:
(a) Refuses to grant approval;
(b) Recommends the imposition of conditions; or
(c) Will hold a hearing on its own motion, the board will notify the applicant of the general areas or subject matter of its concern. The board shall not be required to itemize each basis for its determination.
2. The board, upon written request of any applicant, shall request that the clerk of this Court issue a subpoena to a third person (other than employees of the office of the clerk, members of the board, or employees or agents of the board) to compel testimony or to produce documents. The written request must be received at least seven days before any scheduled hearing and must demonstrate that such testimony, evidence, and documents, as the case may be, are reasonably calculated to aid the inquiry.
3. The hearing process is not an adversary proceeding but is a fact-finding process for the ultimate benefit of the public interest. No discovery is permitted and contentious or overbearing or hostile tactics and presentations are discouraged.
4. In any hearing the board may take testimony by telephone.
5. Any request for a continuance of a hearing must comply with the following requirements:
(a) The request must be made in writing and signed by the applicant or the applicant's attorney;
(b) The request must set forth with particularity the reasons for the delay sought and whether previous hearings have been continued at the request of the applicant;
(c) The request must be submitted to the board as soon as practicable but, except in extraordinary circumstances, not later than seven days before the day upon which the hearing is scheduled.
Requests for continuance may be submitted by facsimile to the board's office in Jefferson City.
(Adopted October 16, 1995, effective March 1, 1996. Amended May 28, 2002, effective May 28, 2002; amended September 3, 2003, effective October 1, 2003.)