Appeal of the Decision of the Commission Staff

PURPOSE: This rule provides for an appeal to the commission from a decision of the commission staff and to set the requirements for the notice of appeal. (1) Any decision of the commission staff may be appealed to the commission upon written notice of appeal made within seven (7) days after the order or ruling is issued in writing. (A) The notice of appeal shall be in writing addressed to the commission or the executive director at the commission’s office in Jefferson City. (B) The notice of appeal shall contain the signature of the appellant together with his/her current address. All future notices of any proceedings before the commission shall be mailed to the address contained in the appeal. (C) The notice of appeal shall specifically refer to the ruling from which the appeal is taken or shall contain a copy of the ruling from which the appeal is taken. (D) The notice of appeal shall set forth the reasons for the appeal. (2) The appellant shall be responsible for any cost incurred in connection with any hearing held pursuant to an appeal under this rule. (3) No licensee shall file any frivolous appeal. If the commission determines that an appeal is frivolous, they may find a further violation of the rules of the commission and assess an appropriate fine or suspension for the frivolous appeal. (4) Notice of appeal shall be mailed to all other parties, if any. AUTHORITY: sections 313.540 and 313.650.3, RSMo 1986.* This rule originally filed as 12 CSR 50-90.025. Original rule filed Oct. 16, 1986, effective Feb. 12, 1987. Moved to 11 CSR 45-90.025, effective Aug. 28, 1995. *Original authority: 313.540, RSMo 1986; and 313.650, RSMo 1986.