Election of Civil Action

PURPOSE: This rule clarifies the procedures for a party to elect to have his/her claims decided in a civil action in court. (1) If a written notice of hearing is issued alleging violation of section 213.070, RSMo as it relates to or involves alleged violations of section 213.040, 213.045 or 213.050, RSMo or as it relates to or involves the alleged encouraging, aiding or abetting the violation of these sections and for complaints alleging violation of section 213.040, 213.045 or 213.050, RSMo, a complainant or a respondent may elect, in lieu of an administrative hearing under section 213.075, RSMo, to have the claims asserted in the complaint decided in a civil action under section 213.076, RSMo. (2) The election must be made no later than twenty (20) days from the date on which the written notice of hearing is mailed by the commission staff. The notice of the election must be filed with the presiding officer, the attorney general, the executive director, the complainant (if respondent is making the election) or the respondent (if the complainant is making the election) and any other parties. The notification will be filed and served in accordance with the procedures established under 8 CSR 60-2.035. (3) If an election is not made under this rule, the presiding officer will conduct an administrative hearing based upon the complaint in accordance with the procedures under 8 CSR 60-2.140 and section 213.075, RSMo. (4) If an election is made under this rule, the chairperson shall immediately notify and authorize the staff attorney to commence and maintain a civil action in a court of competent jurisdiction seeking relief under sections 213.040, 213.045, 213.050, 213.070 and 213.076, RSMo on behalf of the aggrieved person. This notice and authorization shall include transmission of the file in the case, including a copy of the complaint, to the staff attorney. (5) The attorney general shall be available for consultation concerning any legal issues raised. AUTHORITY: sections 213.030, 213.075 and 213.076, RSMo (Cum. Supp. 1992).* Original rule filed Dec. 2, 1992, effective June 7, 1993. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992; 213.075, RSMo 1986, amended 1992; and 213.076, RSMo 1992.