Dealer Disciplinary Hearings

PURPOSE: The department must provide an opportunity for a hearing on the issue of the discipline to be imposed against a license upon a finding by the Administrative Hearing Commission that grounds exist to discipline that license. This rule establishes the procedure for scheduling and conducting that hearing. (1) As used in this rule the following terms mean— (A) The term “dealer” as used in this rule shall include the classes of dealers set forth in section 301.550.3, RSMo. (B) The term “department” as used in this rule shall mean the Missouri Department of Revenue. (C) The term “director” as used in this rule means the Director of Revenue. (2) Within thirty (30) days of the receipt of the certification of the Administrative Hearing Commission’s record, findings of fact, conclusions of law, and transcript finding that cause exists to discipline a dealer’s license, the director shall set the matter for hearing and notify the dealer of the time and place of the hearing. (3) The notice will be given by U.S. mail, first class, postage prepaid to the dealer’s business address or the registered agent, if applicable, or to the dealer’s attorney, and to the dealer at the dealer’s address as shown on the dealer license application, together with the sanction, if any, recommended by the Motor Vehicle Bureau of the department. (4) The hearing will be held in Jefferson City, Missouri. A hearing officer designated by the director shall conduct the hearing. (5) The sole issue at the hearing shall be the appropriate disciplinary sanction to be imposed. (6) The provisions of Chapter 536, RSMo shall apply to the hearing. (7) Each party shall be allowed one (1) continuance; any further continuance shall only be for good cause shown. Requests for continuance shall be in writing signed by the party requesting the continuance or that party’s attorney. Requests for continuance must be filed not later than ten (10) days prior to the scheduled hearing date. (8) Each party shall be allowed to submit one (1) brief to the hearing officer within thirty (30) days of the date of the hearing. No rebuttal or reply briefs are permitted. (9) The hearing officer shall make findings of fact, conclusions of law, and recommendations as to any sanctions to be imposed. (10) Nothing contained herein shall prevent the dealer waiving his right to a hearing and accepting the sanction, if any, recommended by the Motor Vehicle Bureau of the department or otherwise mutually agreeing to a sanction with the department. Any waiver of the hearing and agreement as to the sanction must be in writing, signed by both parties, and transmitted to the hearing officer prior to the date of the hearing for final approval. (11) The director may accept, reject, or modify the hearing officer’s recommendations, or impose any other sanction permitted by section 301.562, RSMo, including refusing to renew the dealer’s license, as the director deems appropriate in the circumstances. (12) The decision of the director shall become final on the date of mailing of that decision to the parties. AUTHORITY: section 301.553.4, RSMo 2000.* Original rule filed July 1, 2008, effective Dec. 30, 2008. *Original authority: 301.553, RSMo 1988, amended 1989, 1993, 1995, 1997.