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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter : Chapter 621 Administrative Hearing Commission
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The "Administrative Hearing Commission" is assigned to the
office of administration. It shall consist of no more than three
commissioners. The commissioners shall be appointed by the governor with
the advice and consent of the senate. The term of each commissioner shall
be for six years and until his successor is appointed, qualified and
sworn. The commissioners shall be attorneys at law admitted to practice
before the supreme court of Missouri, but shall not practice law during
their term of office. Each commissioner shall receive annual compensation
of fifty-one thousand dollars plus any salary adjustment provided
pursuant to section 105.005, RSMo. Each commissioner shall also be
entitled to actual and necessary expenses in the performance of his
duties. The office of the administrative hearing commission shall be
located in the City of Jefferson and it may employ necessary clerical
assistance, compensation and expenses of the commissioners to be paid
from appropriations made for that purpose. (L. 1965 p. 277 § 1, A.L. 1977
H.B. 841, A.L. 1978 S.B. 661, A.L. 1984 S.B. 528, A.L. 1986 S.B. 426,
A.L. 2005 H.B. 824)
*Transferred 1984; formerly 161.252
Revisor's note: Salary adjustment index is printed, as required by §
105.005, RSMo, in Appendix E.
1. Each administrative hearing commissioner serving on August
13, 1984, shall prepare and submit to the governor a report on suggested
improvements for the administrative procedure law. Such report shall be
submitted annually by each commissioner until the expiration of the term
that he is serving on August 13, 1984.
2. For the performance of the duties imposed under the provisions of
subsection 1 of this section, each commissioner shall receive a sum that
when added to the other compensation paid to that commissioner prior to
August 13, 1984, will equal the sum provided by adding together the
compensation specified by sections 621.015 and 621.055. This sum shall be
paid in the same manner as other compensation is paid. (L. 1984 S.B. 528
§ 161.253)
Revisor's note: Salary adjustment index is printed, as required by §
105.005, RSMo, in Appendix E.
If a commissioner during his term of office becomes temporarily
incapacitated by illness or otherwise to perform the duties of his
office, the governor shall appoint some person to perform the duties of
the office during the incapacity of the commissioner. The person
appointed shall have all the powers and duties of the office and shall
possess all of the qualifications of the office except that he may
continue in the private practice of law but shall not practice during
this period before any agency mentioned in section 621.045 nor in
connection with matters with which any of the agencies are involved. He
shall receive the remuneration provided for the office of commissioner
during the time which he serves. (L. 1965 p. 277 § 2)
*Transferred 1984; formerly 161.262
Each administrative hearing commissioner shall have authority to
exercise all powers granted to the administrative hearing commission
without the concurrence of any other commissioner, except with respect to
the rulemaking powers, in which all commissioners must concur. The method
of assignment of petitions, appeals or other cases may be determined by
rule or other agreement between the commissioners. Formal procedural
requirements shall not be required of any complaint filed pursuant to any
provision of law relating to the administrative hearing commission, and
substantial compliance with the requirements of the law relating to the
administrative hearing commission shall be deemed sufficient; however,
all testimony in any hearing shall be under oath and an administrative
hearing commissioner may administer oaths or affirmations to any witness.
It shall not be necessary for a person to be represented by counsel in
order to institute any such proceeding, and the administrative hearing
commission shall adopt rules and procedures which shall facilitate the
filing and processing of such complaints without formal representation.
The administrative hearing commission may stay or suspend any action of
an administrative agency pending the commission's findings and
determination in the cause. The administrative hearing commission may
condition the issuance of such order upon the posting of bond or other
security in such amount as the commission deems necessary to adequately
protect the public interest. (L. 1978 S.B. 661)
*Transferred 1984; formerly 161.263
Notwithstanding the provisions of section* 621.015, to the
contrary, after July 11, 2002, all individuals authorized on that date as
administrative law judges of the division of motor carrier and railroad
safety within the department of economic development shall be
commissioners of the administrative hearing commission within the office
of administration, and shall serve out the unexpired remainder of their
terms as commissioners. They shall have the same powers, duties,
functions, and compensation as provided by law for the other
commissioners, and after the expiration of their terms they may be
reappointed in the same manner as other commissioners. The administrative
hearing commission shall have jurisdiction to conduct hearings, make
findings of fact and conclusions of law, and issue orders in all
applicable cases relating to motor carrier and railroad regulation
transferred to the highways and transportation commission pursuant to
this section and sections 104.805, 226.008, 389.005, and 389.610, RSMo,
except that, notwithstanding any provision of law to the contrary, the
highways and transportation commission may issue final agency orders
without involvement of the administrative hearing commission in relation
to:
(1) Uncontested motor carrier cases, and other uncontested motor carrier
matters, or in which all parties have waived a hearing in writing; and
(2) Approval of settlement agreements or issuance of consent orders in
motor carrier or railroad enforcement cases, if all parties have
consented in writing to the issuance of the commissioner's order. (L.
2002 S.B. 1202)
Effective 7-11-02
*Word "chapter" appears in original rolls.
1. The administrative hearing commission shall conduct hearings
and make findings of fact and conclusions of law in those cases when,
under the law, a license issued by any of the following agencies may be
revoked or suspended or when the licensee may be placed on probation or
when an agency refuses to permit an applicant to be examined upon his
qualifications or refuses to issue or renew a license of an applicant who
has passed an examination for licensure or who possesses the
qualifications for licensure without examination:
Missouri State Board of Accountancy
Missouri Board of Registration for Architects, Professional Engineers and
Land Surveyors
Board of Barber Examiners
Board of Cosmetology
Board of Chiropody and Podiatry
Board of Chiropractic Examiners
Missouri Dental Board
Board of Embalmers and Funeral Directors
Board of Registration for the Healing Arts
Board of Nursing
Board of Optometry
Board of Pharmacy
Missouri Real Estate Commission
Missouri Veterinary Medical Board
Supervisor of Liquor Control
Department of Health and Senior Services
Department of Insurance
Department of Mental Health.
2. If in the future there are created by law any new or additional
administrative agencies which have the power to issue, revoke, suspend,
or place on probation any license, then those agencies are under the
provisions of this law.
3. Notwithstanding any other provision of this section to the contrary,
after August 28, 1995, in order to encourage settlement of disputes
between any agency described in subsection 1 or 2 of this section and its
licensees, any such agency shall:
(1) Provide the licensee with a written description of the specific
conduct for which discipline is sought and a citation to the law and
rules allegedly violated, together with copies of any documents which are
the basis thereof and the agency's initial settlement offer, or file a
contested case against the licensee;
(2) If no contested case has been filed against the licensee, allow the
licensee at least sixty days, from the date of mailing, to consider the
agency's initial settlement offer and to contact the agency to discuss
the terms of such settlement offer;
(3) If no contested case has been filed against the licensee, advise the
licensee that the licensee may, either at the time the settlement
agreement is signed by all parties, or within fifteen days thereafter,
submit the agreement to the administrative hearing commission for
determination that the facts agreed to by the parties to the settlement
constitute grounds for denying or disciplining the license of the
licensee; and
(4) In any contact pursuant to this subsection by the agency or its
counsel with a licensee who is not represented by counsel, advise the
licensee that the licensee has the right to consult an attorney at the
licensee's own expense.
4. If the licensee desires review by the administrative hearing
commission pursuant to subdivision (3) of subsection 3 of this section at
any time prior to the settlement becoming final, the licensee may rescind
and withdraw from the settlement and any admissions of fact or law in the
agreement shall be deemed withdrawn and not admissible for any purposes
under the law against the licensee. Any settlement submitted to the
administrative hearing commission shall not be effective and final unless
and until findings of fact and conclusions of law are entered by the
administrative hearing commission that the facts agreed to by the parties
to the settlement constitute grounds for denying or disciplining the
license of the licensee. (L. 1965 p. 277 §§ 3, 12, A.L. 1978 S.B. 661,
A.L. 1995 S.B. 3, A.L. 2005 S.B. 177)
*Transferred 1984; formerly 161.272
CROSS REFERENCE: Workers' compensation cases, this section not deemed to
govern discovery between parties, RSMo 287.811
(1999) Subsection 5 of section is procedural and can be applied
retrospectively without violating constitutional ban. Mendelsohn v. State
Board of Registration for the Healing Arts, 3 S.W.3d 783 (Mo.banc).
1. Except as otherwise provided by law, any person or entity
shall have the right to appeal to the administrative hearing commission
from any finding, order, decision, assessment or additional assessment
made by the director of revenue. Any person or entity who is a party to
such a dispute shall be entitled to a hearing before the administrative
hearing commission by the filing of a petition with the administrative
hearing commission within thirty days after the decision of the director
is placed in the United States mail or within thirty days after the
decision is delivered, whichever is earlier. The decision of the director
of revenue shall contain a notice of the right of appeal in substantially
the following language:
If you were adversely affected by this decision, you may appeal to the
administrative hearing commission. To appeal, you must file a petition
with the administrative hearing commission within thirty days after the
date this decision was mailed or the date it was delivered, whichever
date was earlier. If any such petition is sent by registered mail or
certified mail, it will be deemed filed on the date it is mailed; if it
is sent by any method other than registered mail or certified mail, it
will be deemed filed on the date it is received by the commission.
2. The procedures applicable to the processing of such hearings and
determinations shall be those established by chapter 536, RSMo; provided
that, any provision of law to the contrary notwithstanding, in any action
before the commission arising under chapter 144, RSMo, a seller may prove
that a sale is exempt from taxation under such chapter in accordance with
proof admissible under the applicable rules of evidence. The
administrative hearing commission shall maintain a transcript of all
testimony and proceedings in hearings governed by this section, and
copies thereof shall be made available to any interested person upon the
payment of a fee which shall in no case exceed the reasonable cost of
preparation and supply. Decisions of the administrative hearing
commission under this section shall be binding subject to appeal by
either party. In the event the taxpayer prevails in any dispute under
this section, interest shall be allowed at the rate of six percent per
annum upon the amount found to have been wrongfully collected or
erroneously paid except for taxes paid under protest and held by the
director in a special deposit which shall be paid as specified by section
144.700, RSMo. In any proceeding before the administrative hearing
commission under this section the burden of proof shall be on the
taxpayer except for the following issues, as to which the burden of proof
shall be on the director of revenue:
(1) Whether the taxpayer has been guilty of fraud with attempt to evade
tax;
(2) Whether the petitioner is liable as the transferee of property of a
taxpayer (but not to show that the taxpayer was liable for the tax); and
(3) Whether the taxpayer is liable for any increase in a deficiency where
such increase is asserted initially after the notice of deficiency was
mailed and a protest filed, unless such increase in deficiency is the
result of a change or correction of federal taxable income required to be
reported by the taxpayer, and of which change or correction the director
of revenue had no notice or knowledge at the time he mailed the notice of
deficiency. (L. 1978 S.B. 661, A.L. 1981 H.B. 129, A.L. 1986 S.B. 426,
A.L. 1989 H.B. 143, A.L. 1991 H.B. 366 merged with S.B. 283)
*Transferred 1984; formerly 161.273
(1980) Clear legislative intent of statute, effective August 13, 1978,
providing that final decisions of director of revenue were reviewable by
administrative hearing commission, altering previous law that final
decisions were reviewable by circuit court, was to allow controversies
which were in existence on August 13, 1978, in either hearing or review
state, to continue through to final adjudication, including all principal
appeals, under law as it existed prior to August 13, 1978. Labrayere v.
Goldberg (Mo.), 605 S.W.2d 79.
(1980) Remand to department of revenue was proper for another evidentiary
hearing and preparation of complete record before decision could be
judicially reviewed; overruling State ex rel. Perno v. Quinn (A.),558
S.W.2d 329, State ex rel. Sansone v. Quinn (A.), 426 S.W.2d 917, and In
re Village of Pleasant Valley (A.), 272 S.W.2d 8. Labrayere v. Goldberg
(Mo.), 605 S.W.2d 79.
(1985) A petition for review was held to be timely filed when hand
delivery was attempted on the thirtieth day following the mailing of tax
assessment by director despite the fact that the thirtieth day fell on a
Saturday and the offices of the commission were closed. Evergreen Lawn
Service v. Director of Revenue (Mo. banc), 685 S.W.2d 829.
1. Except as otherwise provided by law, any person or entity
shall have the right to appeal to the administrative hearing commission
from any finding, order, decision, made by an agency regarding the
eligibility of a state-administered or subsidized tax credit, tax
abatement or loan pursuant to subsection 1 of section 285.025, RSMo. Any
person or entity who is a party to such a dispute shall be entitled to a
hearing before the administrative hearing commission by the filing of a
petition with the administrative hearing commission within thirty days
after the decision of the director of the appropriate agency is placed in
the United States mail or within thirty days after the decision is
delivered, whichever is earlier. The decision of the director shall
contain a notice of the right of appeal in substantially the following
language:
If you were adversely affected by this decision, you may appeal to the
administrative hearing commission. To appeal, you must file a petition
with the administrative hearing commission within thirty days after the
date this decision was mailed or the date it was delivered, whichever
date was earlier. If any such petition is sent by registered mail or
certified mail, it will be deemed filed on the date it is mailed; if it
is sent by any method other than registered mail or certified mail, it
will be deemed filed on the date it is received by the commission.
2. The procedures applicable to the processing of such hearings and
determinations shall be those established by chapter 536, RSMo. Decisions
of the administrative hearing commission under this section shall be
binding subject to appeal by either party. (L. 1999 H.B. 701)
Any person authorized to protest any action taken by a motor
vehicle, motorcycle or all-terrain vehicle manufacturer, distributor or
representative pursuant to a franchise agreement may file a protest with
the administrative hearing commission as provided in chapter 407, RSMo.
For cases arising pursuant to chapter 407, RSMo, the administrative
hearing commission may, by rule, establish a filing fee equal to the
filing fee of the circuit court of Cole County. (L. 1997 H.B. 516, A.L.
2001 H.B. 693)
CROSS REFERENCE: Motor vehicle franchise practices administrative
procedure and review, RSMo 407.810 to 407.835
1. Any person authorized pursuant to section 208.153, RSMo, to
provide services for which benefit payments are authorized pursuant to
section 208.152, RSMo, may seek review by the administrative hearing
commission of any of the actions of the department of social services
specified in subsection 2, 3, 4 or 5 of section 208.156, RSMo. The review
may be instituted by the filing of a petition with the administrative
hearing commission. The procedures applicable to the processing of such
review shall be those established by chapter 536, RSMo. The
administrative hearing commission shall maintain a transcript of all
testimony and proceedings in any review governed by this section, and
copies thereof shall be made available to any interested person upon the
payment of a fee which shall not exceed the reasonable cost of
preparation and supply. Decisions of the administrative hearing
commission under this section shall be binding subject to appeal by
either party. If the provider of services prevails in any dispute
pursuant to this section, interest shall be allowed at the rate of eight
percent per annum upon any amount found to have been wrongfully denied or
withheld. In any proceeding before the administrative hearing commission
pursuant to this section the burden of proof shall be on the provider of
services seeking review.
2. As compensation for the additional duties imposed upon the
administrative hearing commission pursuant to the provisions of this
section and section 208.156, RSMo, each commissioner shall annually
receive the sum of five thousand dollars plus any salary adjustment
provided pursuant to section 105.005, RSMo. Such additional compensation
shall be paid in the same manner and at the same time as other
compensation for the commissioners.
3. Any decision of the department of social services that is subject to
appeal to the administrative hearing commission pursuant to subsection 1
of this section shall contain a notice of the right to appeal in
substantially the following language:
If you were adversely affected by this decision, you may appeal this
decision to the administrative hearing commission. To appeal, you must
file a petition with the administrative hearing commission within thirty
days from the date of mailing or delivery of this decision, whichever is
earlier; except that claims of less than five hundred dollars may be
accumulated until such claims total that sum and, at which time, you have
ninety days to file the petition. If any such petition is sent by
registered mail or certified mail, the petition will be deemed filed on
the date it is mailed. If any such petition is sent by any method other
than registered mail or certified mail, it will be deemed filed on the
date it is received by the commission. (L. 1979 H.B. 88, A.L. 1984 S.B.
528, A.L. 2001 H.B. 693)
*Transferred 1984; formerly 161.274
Revisor's note: Salary adjustment index is printed, as required by §
105.005, RSMo, in Appendix E.
1. Upon receipt of a written complaint from an agency named in
section 621.045 in a case relating to a holder of a license granted by
such agency, or upon receipt of such complaint from the attorney general,
the administrative hearing commission shall cause a copy of said
complaint to be served upon such licensee in person or by certified mail,
together with a notice of the place of and the date upon which the
hearing on said complaint will be held. In any case initiated upon
complaint of the attorney general, the agency which issued the license
shall be given notice of such complaint and the date upon which the
hearing will be held by delivery of a copy of such complaint and notice
to the office of such agency or by certified mail. Such agency may
intervene and may retain the services of legal counsel to represent it in
such case.
2. In any case initiated under this section, the custodian of the records
of an agency may prepare a sworn affidavit stating truthfully pertinent
information regarding the license status of the licensee charged in the
complaint, including only: the name of the licensee; his license number;
its designated date of expiration; the date of his original Missouri
licensure; the particular profession, practice or privilege licensed; and
the status of his license as current and active or otherwise. This
affidavit shall be received as substantial and competent evidence of the
facts stated therein notwithstanding any objection as to the form, manner
of presentment or admissibility of this evidence, and shall create a
rebuttable presumption of the veracity of the statements therein;
provided, however, that the procedures specified in section 536.070,
RSMo, shall apply to the introduction of this affidavit in any case where
the status of this license constitutes a material issue of fact in the
proof of the cause charged in the complaint. (L. 1965 p. 277 § 4, A.L.
1981 S.B. 16)
*Transferred 1984; formerly 161.282
Upon a finding in any cause charged by the complaint for which
the license may be suspended or revoked as provided in the statutes and
regulations relating to the profession or vocation of the licensee, the
commission shall deliver or transmit by certified mail to the agency
which issued the license the record and a transcript of the proceedings
before the commission together with the commission's findings of fact and
conclusions of law. The commission may make recommendations as to
appropriate disciplinary action but any such recommendations shall not be
binding upon the agency. A copy of the findings of fact, conclusions of
law and the commission's recommendations, if any, shall be served upon
the licensee in person or by certified mail. Within thirty days after
receipt of the record of the proceedings before the commission and the
findings of fact, conclusions of law, and recommendations, if any, of the
commission, the agency shall set the matter for hearing upon the issue of
appropriate disciplinary action and shall notify the licensee of the time
and place of the hearing, provided that such hearing may be waived by
consent of the agency and licensee where the commission has made
recommendations as to appropriate disciplinary action. In case of such
waiver by the agency and licensee, the recommendations of the commission
shall become the order of the agency. The licensee may appear at said
hearing and be represented by counsel. The agency may receive evidence
relevant to said issue from the licensee or any other source. After such
hearing the agency may order any disciplinary measure it deems
appropriate and which is authorized by law. In any case where the
commission fails to find any cause charged by the complaint for which the
license may be suspended or revoked, the commission shall dismiss the
complaint, and so notify all parties. (L. 1965 p. 277 § 5, A.L. 1978 S.B.
661)
*Transferred 1984; formerly 161.292
Upon refusal by any agency listed in section 621.045 to permit
an applicant to be examined upon his qualifications for licensure or upon
refusal of such agency to issue or renew a license of an applicant who
has passed an examination for licensure or who possesses the
qualifications for licensure without examination, such applicant may
file, within thirty days after the delivery or mailing by certified mail
of written notice of such refusal to the applicant, a complaint with the
administrative hearing commission. Such written notice of refusal shall
advise such applicant of his right to file a complaint with the
administrative hearing commission and have a hearing pursuant to this
section. Such complaint shall set forth that the applicant has passed an
examination for licensure or is qualified to be examined for licensure or
for licensure or renewal without examination under the laws and
administrative regulations relating to his profession and shall set out
with particularity the qualifications of such applicant for same. Upon
receipt of such complaint the administrative hearing commission shall
cause a copy of said complaint to be served upon the agency by certified
mail or by delivery of such copy to the office of the agency, together
with a notice of the place of and the date upon which the hearing on said
complaint will be held. If at the hearing the applicant shall show that
under the law he is entitled to examination for licensure or licensure or
renewal, the administrative hearing commission shall issue an appropriate
order to accomplish such examination or licensure or renewal, as the case
may be. (L. 1965 p. 277 § 6, A.L. 1973 H.B. 103)
*Transferred 1984; formerly 161.302
(1974) Determination of present moral character is a function of the
administrative hearing commission. St. Bd. of Reg. for Healing Arts of
Mo. v. DeVore (A.), 517 S.W.2d 480.
No hearing provided for in sections 621.015 to 621.198 shall be
held less than twenty days after the issuance of notice of said hearing
except with the consent of all parties. Hearings before the
administrative hearing commission may be held in any county in the state
or in the city of St. Louis, within the discretion of the hearing
commissioner after he has considered the convenience of the parties
involved. (L. 1965 p. 277 § 7)
*Transferred 1984; formerly 161.312
The provisions of chapter 536, RSMo, and any amendments thereto,
except those provisions or amendments which are in conflict with sections
621.015 to 621.198, and any civil rule hereafter adopted which supersedes
an applicable provision of chapter 536, shall apply to and govern the
proceedings of the administrative hearing commission and the rights and
duties of the parties involved. (L. 1965 p. 277 § 8)
*Transferred 1984; formerly 161.322
Except as otherwise provided by law, all final decisions of the
administrative hearing commission shall be subject to judicial review as
provided in and subject to the provisions of sections 536.100 to 536.140,
RSMo, except that in cases where a disciplinary order may be entered by
the agency, no decision of the administrative hearing commission shall be
deemed final until such order is entered. For purposes of review, the
action of the commission and the order, if any, of the agency shall be
treated as one decision. The right to judicial review as provided herein
shall also be available to administrative agencies aggrieved by a final
decision of the administrative hearing commission. (L. 1965 p. 277 § 9,
A.L. 1978 S.B. 661)
*Transferred 1984; formerly 161.332
Any party to a case before the administrative hearing commission
may request that the hearing be held via videoconferencing. If that
request is granted, the office of administration may charge the
requesting party the costs for the videoconferencing. (L. 2001 H.B. 693)
Final decisions of the administrative hearing commission in
cases arising pursuant to the provisions of section 621.050 shall be
subject to review pursuant to a petition for review to be filed in the
court of appeals in the district in which the hearing, or any part
thereof, is held or, where constitutionally required or ordered by
transfer, to the supreme court, and by delivery of copies of the petition
to each party of record, within thirty days after the mailing or delivery
of the final decision and notice thereof in such a case. Review under
this section shall be exclusive, and decisions of the administrative
hearing commission reviewable pursuant to this section shall not be
reviewable in any other proceeding, and no other official or court shall
have power to review any such decision by an action in the nature of
mandamus or otherwise except pursuant to the provisions of this section.
The party seeking review shall be responsible for the filing of the
transcript and record of all proceedings before the administrative
hearing commission in the case with the appropriate court of appeals. (L.
1978 S.B. 661, A.L. 2001 H.B. 693)
*Transferred 1984; formerly 161.337
In cases reviewable under the provisions of section 621.189, the
decision of the administrative hearing commission shall be upheld when
authorized by law and supported by competent and substantial evidence
upon the whole record, if a mandatory procedural safeguard is not
violated and if the approval or disapproval of the exercise of authority
in question by the administrative hearing commission does not create a
result or results clearly contrary to that which the court concludes were
the reasonable expectations of the general assembly at the time such
authority was delegated to the agency. (L. 1978 S.B. 661)
*Transferred 1984; formerly 161.338
The administrative hearing commission shall publish and file
with the secretary of state rules of procedure for the conduct of
proceedings before it. Rules of procedure adopted pursuant to this
section shall be designed to simplify the maintenance of actions and to
enable review to be sought, where appropriate, without the need to be
represented by independent counsel. Any rule or portion of a rule, as
that term is defined in section 536.010, RSMo, that is created under the
authority delegated in this section shall become effective only if it
complies with and is subject to all of the provisions of chapter 536,
RSMo, and, if applicable, section 536.028, RSMo. This section and chapter
536, RSMo, are nonseverable and if any of the powers vested with the
general assembly pursuant to chapter 536, RSMo, to review, to delay the
effective date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2001, shall be invalid and void. (L.
1965 p. 277 § 10, A.L. 1978 S.B. 661, A.L. 2001 H.B. 693)
*Transferred 1984; formerly 161.342
1. For the purpose of determining whether documents are filed
within the time allowed by law, documents transmitted to the
administrative hearing commission by registered mail or certified mail
shall be deemed filed with the administrative hearing commission as of
the date shown on the United States post office records of such
registration or certification and mailing. If the document is sent by any
method other than registered mail or certified mail, the administrative
hearing commission shall deem it to be filed on the date the
administrative hearing commission receives it.
2. When the last day prescribed for performing any act prescribed by this
chapter or chapter 536, RSMo, or the commission, falls on a Saturday,
Sunday, or a legal holiday in this state, the performance of such act
shall be timely if it is performed on the next succeeding day which is
not a Saturday, Sunday, or legal holiday.
3. The administrative hearing commission may by regulation provide for
the filing of documents with the commission by electronic facsimile
transmission. (L. 1980 S.B. 809 § 1, A.L. 1991 H.B. 366 merged with S.B.
283)
*Transferred 1984; formerly 161.350
1. All authority to hear appeals granted in chapters 260, 444,
640, 643, and 644, RSMo, and to the hazardous waste management commission
in chapter 260, RSMo, the land reclamation commission in chapter 444,
RSMo, the safe drinking water commission in chapter 640, RSMo, the air
conservation commission in chapter 643, RSMo, and the clean water
commission in chapter 644, RSMo, shall be transferred to the
administrative hearing commission under this chapter. The authority to
render final decisions after hearing on appeals heard by the
administrative hearing commission shall remain with the commissions
listed in this subsection.
2. Except as otherwise provided by law, any person or entity who is a
party to, or who is affected by, any finding, order, decision, or
assessment for which the authority to hear appeals was transferred to the
administrative hearing commission in subsection 1 of this section shall
be entitled to a hearing before the administrative hearing commission by
the filing of a petition with the administrative hearing commission
within thirty days after any such finding, order, decision, or assessment
is placed in the United States mail or within thirty days of any such
finding, order, decision, or assessment being delivered, whichever is
earlier.
3. Any decision by the director of the department of natural resources
that may be appealed to the commissions listed in subsection 1 of section
621.052 and shall contain a notice of the right of appeal in
substantially the following language: "If you were adversely affected by
this decision, you may appeal to have the matter heard by the
administrative hearing commission. To appeal, you must file a petition
with the administrative hearing commission within thirty days after the
date this decision was mailed or the date it was delivered, whichever
date was earlier. If any such petition is sent by registered mail or
certified mail, it will be deemed filed on the date it is mailed; if it
is sent by any method other than registered mail or certified mail, it
will be deemed filed on the date it is received by the administrative
hearing commission.". Within fifteen days after the administrative
hearing commission renders its recommended decision, it shall transmit
the record and a transcript of the proceedings, together with the
administrative hearing commission's recommended decision to the
commission having authority to issue a final decision. The decision of
the commission shall be based only on the facts and evidence in the
hearing record. The commission may adopt the recommended decision as its
final decision. The commission may change a finding of fact or conclusion
of law made by the administrative hearing commission, or may vacate or
modify the recommended decision issued by the administrative hearing
commission, only if the commission states in writing the specific reason
for a change made under this subsection.
4. In the event the person filing the appeal prevails in any dispute
under this section, interest shall be allowed upon any amount found to
have been wrongfully collected or erroneously paid at the rate
established by the director of the department of revenue under section
32.065, RSMo.
5. Appropriations shall be made from the respective funds of the various
commissions to cover the administrative hearing commission's costs
associated with these appeals.
6. In all matters heard by the administrative hearing commission under
this section, the burden of proof shall comply with section 640.012,
RSMo. The hearings shall be conducted by the administrative hearing
commission in accordance with the provisions of chapter 536, RSMo, and
its regulations promulgated thereunder. (L. 2005 H.B. 824)
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