Air Conservation Commission Appeals and Requests for Hearings

PURPOSE: This rule contains all procedural regulations for all contested cases heard by the commission or assigned to a hearing officer by the commission. (1) Subject. This rule contains procedural regulations for all contested cases before the commission. (2) Definitions. As used in this rule, the following terms mean: (A) Commission—The Missouri Air Conservation Commission; (B) Department—The Department of Natural Resources, which includes the director thereof, or the person or division or program within the department delegated the authority to render the decision, order, determination, finding, or other action that is subject to review by the commission; (C) Hearing—Any presentation to, or consideration by the hearing officer of evidence or argument on a petition seeking the commission’s review of an action by the department; (D) Hearing officer—Administrative Hearing Commission; and (E) Person—An individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the state or federal government or any other legal entity whatever, which is recognized by law as the subject of rights and duties. (3) Filing an Appeal or Requesting a Hearing. (A) Any person adversely affected by a decision of the department or otherwise entitled to ask for a hearing may appeal to have the matter heard by filing a petition with the Administrative Hearing Commission within thirty (30) days after the date the decision was mailed or the date it was delivered, whichever date was earlier. (B) A petition sent by registered mail or certified mail 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. (4) Procedures. (A) The hearing shall be conducted in accordance with the provisions of Chapter 536, RSMo, and the regulations of the Administrative Hearing Commission promulgated thereunder. (B) Upon receipt of the hearing officer’s recommendation and the record in the case, the commission shall— 1. Distribute the hearing officer’s recommendation to the parties or their counsel; 2. Allow the parties or their counsel an opportunity to submit written arguments regarding the recommendation; 3. Allow the parties or their counsel an opportunity to present oral arguments before the commission makes the final determination; 4. Complete its review of the record and deliberations as soon as practicable; 5. Deliberate and vote upon a final, written determination during an open meeting, except that the commission may confer with its counsel in closed session with respect to legal questions; 6. Issue its final, written determination as soon as practicable, including findings of fact and conclusions of law. The decision of the commission shall be based only on the facts and evidence in the record; and 7. The commission may adopt the recommended decision of the hearing officer as its final decision. The commission may change a finding of fact or conclusion of law made by the hearing officer, or may vacate or modify the recommended decision, only if the commission states in writing the specific reason for a change. AUTHORITY: section 643.050, RSMo 2000.* Original rule filed May 12, 2005, effective Jan. 30, 2006. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995.