Mo. Code Regs. tit. 3 § 10-5.216
Current through Register Vol. 49, No. 24, December 16, 2024
Section 3 CSR 10-5.216 - Permits and Privileges: RevocationPURPOSE: This rule sets out the statutory authority of the commission to suspend, revoke or deny a permit or privilege, in addition to its constitutional authority, and provides a uniform procedure for administrative hearings when a hunter inflicts injury to another person mistaken for game.
(1) The commission may suspend, revoke or deny a permit or privilege for cause, but not until an opportunity has been afforded for a hearing before the commission or its authorized representative. The hearings under this section shall be noncontested cases unless the permittee is entitled by law to a contested case hearing.(2) The commission may suspend, revoke or deny a permit or privilege to any hunter who mistakes another person for game and injures that person by firearm or other weapon. Suspension, revocation or denial shall not occur until an opportunity has been afforded for an appeals hearing before the commission pursuant to section 252.043, RSMo and the procedures for contested cases under this section. (A) To hear appeals, the commission shall appoint one (1) or more hearing examiners, subject to supervision by the commission. At its discretion, the commission may reserve appeals as it deems fit to be heard and decided by the full commission; in those cases, the decision of the commission shall be final and subject to judicial review as provided in Chapter 536, RSMo.(B) Any person whose hunting permit or privilege may be suspended, revoked or denied by the commission for inflicting injury to another person mistaken for game shall be entitled to a hearing on the commission's determination by filing a written request for a hearing with the director. The request for hearing must be received by the director within fifteen (15) days after receipt of notification of the proposed suspension, revocation or denial by the appellant. The request for hearing must be sufficient to identify the person requesting the hearing. No answer or other response by the commission is necessary. Upon receipt of a request for hearing, the director shall forward it to the hearing examiner.(C) The hearing examiner is authorized to dismiss any request for a hearing and terminate further proceedings when the appellant-1. Withdraws the request for a hearing. The appellant must submit the withdrawal in writing to the hearing examiner.2. Fails to appear at the scheduled time and place for a hearing.(D) If the hearing examiner determines at any state of the proceeding that s/he has prior knowledge of specific facts of a case that would prevent him/her from rendering an objective report and order to the commission, s/he immediately shall cease to act and the commission shall provide an alternate hearing examiner.(E) The hearing examiner shall give written notice of hearing to the appellant and the director, fixing a time and place at which the appellant and the director may appear and present evidence. This notice shall be issued by the hearing examiner not fewer than fifteen (15) days prior to the hearing date.(F) After a request for a hearing is filed with the director, no person shall sign any pleading or brief or shall appear at any hearing in a representative capacity for another individual unless that person is a licensed attorney in good standing in Missouri.(G) Any party may take and use depositions under section 536.073, RSMo. The hearing examiner shall rule on all matters concerning discovery.(H) Witnesses may be summoned to appear to give testimony or to give testimony and produce documents at the hearing by a subpoena issued by the hearing examiner or by a notary public at the request of any party.(I) Any hearing which is scheduled by the hearing examiner may be continued at his/her discretion pursuant to Supreme Court Rule 65.(J) The sole issue in a hearing is whether the appellant, while hunting, inflicted injury by firearm or other weapon to another person mistaken for game. The commission shall present its evidence first at the hearing in support of its suspension, revocation or denial of a hunting permit or privilege. Then any appellant may present evidence. Any party shall have the right of cross-examination. Oral or written evidence must be received in the record to be considered by the commission in reaching its final decision. Any party shall be entitled to present oral arguments at the hearing. If oral arguments are presented, they shall be preserved and transcribed in the record for use of the commission in reaching a final decision. Any party may file a written brief or the hearing examiner may require written briefs to be filed within the time set by the hearing examiner for use of the commission in reaching a final decision. The hearing examiner may rule on all objections and motions to facilitate submission of the case to the commission for its final decision.(K) At the conclusion of the hearing, the hearing examiner shall cause the entire record to be transcribed in sufficient quantities that the original may remain a permanent part of the record. Any party may obtain a copy of the record at the party's expense.(L) As soon as practical after receipt of the transcript and briefs of the parties, if any, the hearing examiner shall submit to the commission a suggested report and order for consideration.(M) As soon as practical after receipt of the suggested report and order, the commission shall read the full record and render a final decision. If briefs or oral arguments are submitted, the commission, in lieu of reading the entire record, may consider those portions of the record cited or referred to in the arguments or briefs to arrive at a final decision. The commission shall render its final decision in writing which shall be supported by competent and substantial evidence upon the whole record and which shall be subject to judicial review under section 536.100, RSMo.(3) The commission shall suspend hunting and/or fishing permits of individuals identified as not in compliance with applicable child support laws under a cooperative agreement between the Division of Child Support Enforcement of the Department of Social Services, the Department of Conservation and the Conservation Commission pursuant to section 454.1027, RSMo. Suspension of hunting and/or fishing permits shall occur under the procedures set out in this section. (A) The Division of Child Support Enforcement shall be responsible for determining whether an individual's hunting and/or fishing permit should be suspended under the applicable law, after ensuring the individual has been provided appropriate due process, including appropriate notice and the opportunity for administrative hearing.(B) When the Division of Child Support Enforcement has determined suspension is warranted, a notice shall be provided to the Department of Conservation. The notice shall include the individual's name, current address, social security number and a statement from the director of the Division of Child Support Enforcement that all legal requirements for suspension have been met.(C) Upon receipt of the stipulated notice, the Department of Conservation shall verify that the named individual possesses a current hunting and/or fishing permit, and shall then recommend suspension of that hunting and/or fishing permit to the Conservation Commission. The commission, at its next regular meeting, shall act on the recommendation.(D) Suspension of hunting and/or fishing permits under this section shall remain in effect until the Department of Conservation receives notice from the Division of Child Support Enforcement that the suspension should be stayed or terminated because the individual is now in compliance with applicable child support laws.(4) Suspension, revocation or denial of a permit or privilege for cause under sections (1) and (2) of this rule shall include the concurrent revocation of any method exemption. AUTHORITY: sections 40 and 45 of Art. I V, Mo. Const. and 252.043 and 454.1027, RSMo 2000.* Emergency rule filed April 26, 1991, effective May 7, 1991, expired Sept. 3, 1991. Original rule filed April 26, 1991, effective Oct. 31, 1991. Amended: Filed June 20, 1995, effective Jan. 1, 1996. Amended: Filed June 5, 1996, effective March 1, 1997. Amended: Filed Oct. 9, 1997, effective March 30, 1998. Amended: Filed June 11, 1998, effective March 1, 1999. Amended: Filed April 30, 2001, effective March 1, 2001. *Original authority: 252.043, RSMo 1990, amended 1998, 1999 and 454.1027, RSMo 1997.