Mo. Code Regs. tit. 11 § 45-13.030

Current through Register Vol. 49, No.12, June 17, 2024

Section 11 CSR 45-13.030 - Requests for Hearings

PURPOSE: This rule establishes the procedure for requesting a hearing.

(1) All requests for hearings must-

(A) Be in writing;

(B) State the name, current address and current telephone number of the petitioner;

(C) State the number assigned to the matter by the commission;

(D) State the particular section of the statutes or commission rule involved; and

(E) State in detail the reasons and facts upon which the petitioner will rely to prove its case, such as to show that the petitioner's application for a license should have been granted, the license should have been renewed, the transfer of ownership should have been approved, or the petitioner should not have been placed on the exclusion list, including specific responses to any facts enumerated in the commission's notice of denial, notice of unsuitability, notice of nonrenewal, notice of exclusion or other document evidencing legal action.

(2) A request for hearing must be submitted within thirty (30) days from the date of mailing by the commission of the decision or issue about which the petitioner requests a hearing.

(A) The petitioner may submit a request for hearing by-

1. Personal delivery;

2. Certified mail, postage prepaid; or

3. Overnight express mail, postage prepaid.

(B) All requests for hearings must be submitted in duplicate at the commission's office in Jefferson City.

(C) No documents or papers shall be considered filed until actually received by the commission.

(D) The hearing officer may deny a request for hearing if the statement of reasons and facts submitted by the petitioner do not establish a prima facie case.

(E) Other than disciplinary actions recommending the revocation of an occupational license, no Preliminary Order of Discipline shall be issued for an occupational licensee whose license has been rescinded, terminated, or has expired prior to the entry of said order.

(F) Other than disciplinary actions recommending the revocation of an occupational license, if the petitioner's occupational license has been rescinded, terminated, or has expired prior to the entry by the commission of a Final Order of Discipline, then the Preliminary Order of Discipline shall be rescinded, and the petitioner's request for hearing shall be denied and stricken.

(3) The petitioner shall be served with written notice of the time and place of hearing by-

(A) Personal delivery;

(B) Certified mail, postage prepaid; or

(C) Overnight express mail, postage prepaid.

11 CSR 45-13.030

AUTHORITY: sections 313.004, 313.052, 313.065, 313.560, 313.800 and 313.805, RSMo 2000.* Emergency rule filed Sept. 1, 1993, effective Sept. 20, 1993, expired Jan. 17, 1994. Emergency rule filed Jan. 5, 1994, effective Jan. 18, 1994, expired Jan. 30, 1994. Original rule filed Sept. 1, 1993, effective Jan. 31, 1994. Emergency amendment filed Dec. 12, 1997, effective Dec. 22, 1997, expired June 19, 1998. Amended: Filed Dec. 12, 1997, effective July 30, 1998. Amended: Filed June 30, 2003, effective Feb. 29, 2004.

Amended by Missouri Register July 1, 2014/Volume 39, Number 13, effective 8/31/2014

*Original authority: 313.004, RSMo 1993, amended 1994; 313.052, RSMo 1994; 313.065, RSMo 1981, amended 1993, 1995; 313.560, RSMo 1986, amended 1987; and 313.800, RSMo 1991, amended 1993, 1994; and 313.805, RSMo 1991, amended 1993, 1994, 2000.