Instituting Hearing Before the Commissioner

PURPOSE: This rule describes the form and content of the request for hearing, time for filing, number of copies to be filed, the order of hearing, and how notice will be served. (1) Request for Hearing. A request for hearing shall be filed with the commissioner by any party or interested person aggrieved by any order or refusal to make an order under this chapter. Any request for hearing shall contain: (A) A brief statement of the facts; (B) A summary of factual and legal issues involved; (C) A request for relief; (D) Suggestions in support of relief sought including relevant statutes; (E) The name of the party requesting the hearing; and (F) The name of attorney representing the party, if any. (2) Time for Filing. Any person entitled to request a hearing in any matter within the jurisdiction of the commissioner must do so within the statutory time limits, if any, applicable in those cases. If there is no time limit, filing should be within a reasonable period of time not to exceed thirty (30) days from the date of receipt of any notice of action or refusal to take action by the commissioner. (3) Number of Copies to be Filed. Three (3) copies of a request for hearing or other related material shall be filed with the commissioner. One (1) copy shall be served by mail on any other party to the matter. (4) Hearing Order. The commissioner may order a hearing on any matter within his/her jurisdiction under Chapter 409, RSMo. The commissioner may immediately set the matter for hearing, and may also schedule a prehearing conference. The hearing must be set within fifteen (15) days of filing a request for hearing. Subject to more restrictive statutory limitations, a proceeding under the provisions of these rules shall be set for a date not more than ninety (90) days from the date of request. The hearing order shall contain: (A) Caption and number of the case; (B) Name of party filing; (C) Time, place and date of a prehearing conference; (D) Time, place and date of the hearing; (E) If a petition was submitted by the Securities Division and the request for hearing has raised a dispute of facts or any affirmative defenses, the date an answer must be filed; and (F) Citation to rules promulgated by the commissioner regarding hearings. (5) Notice to Parties. All parties and, in the discretion of the commissioner, other interested persons shall be notified promptly by the commissioner upon the filing of a request for hearing or related material filed. The commissioner shall provide notice by serving copies of all documents filed including the request for hearing and the hearing order. AUTHORITY: sections 409.6-605, RSMo Supp. 2003 and 409.836, RSMo 2000.* Original rule filed Aug. 11, 1978, effective Feb. 11, 1979. Amended: Filed Aug. 22, 1986, effective Jan. 30, 1987. Rescinded and readopted: Filed Nov. 1, 2001, effective May 30, 2002. Emergency amendment filed Aug. 29, 2003, effective Sept. 12, 2003, expires March 9, 2004. Amended: Filed Aug. 29, 2003, effective Feb. 29, 2004. *Original authority: 409.6-605, RSMo 2003; 409.836, RSMo 1985.