Who May Request

PURPOSE: This rule sets out who may request enforcement in matters under sections 374.046 through 374.049, RSMo and other contested case provisions in Chapters 354 and 374 through 385, RSMo. (1) Proceedings Before the Director. (A) General Provisions. All administrative hearings shall be set with the director’s issuance of a written notice of hearing, which shall be served upon all known parties to the hearing and which shall clearly give notice of the particular acts complained of, the statutes or rules upon which the allegations in the notice are based, the caption of the case, the time and place for hearing and those matters required by section 536.067(2), RSMo. The notice may be accomplished by attaching a petition or statement of charges. In all administrative enforcement under section 374.046 or 374.047, RSMo, the Consumer Affairs Division may initiate the matter by submitting to the director a petition for administrative relief containing a statement of reasons supporting the administrative action including all pertinent allegations of fact and suggestions of law. The director may act summarily, if authorized by law, or may give notice of the intent to order administrative relief with the issuance of an order to show cause. The director may also then issue a hearing order setting the matter for hearing. Any hearing shall be governed by section 374.046 or 374.047 and Chapter 536, RSMo. (B) Refusal of License for Insurance Producers, Bail Bond Agents or Surety Recovery Agents. In all administrative actions for bail bond agent applications under sections 374.750 and 374.755, RSMo, surety recovery agents under sections 374.786 and 374.787, RSMo, or insurance producers under section 375.141, RSMo, the Consumer Affairs Division may initiate an action for a refusal of an initial or renewal application by submitting to the director a petition for refusal containing supporting allegations and suggestions of law. The director may issue an order to show cause and schedule a hearing or may refuse the license summarily. Any hearing granted by the director shall be governed by Chapter 536, RSMo. Any person aggrieved by a refusal of an initial or renewal application may request a hearing before the Administrative Hearing Commission as provided by law. (C) Revocations or Suspensions of License for Insurance Producers, Bail Bond Agents or Surety Recovery Agents. In all administrative actions for discipline or disqualification of a bail bond agent under section 374.787, RSMo, a surety recovery agent under section 374.787, RSMo, or an insurance producer under section 375.141, RSMo, the Consumer Affairs Division may submit an ex parte request to the director for the filing of a complaint with the Administrative Hearing Commission. No order of revocation or suspension under sections 374.755, 374.787 and 375.141, RSMo, may be issued by the director unless the matter has been referred to the Administrative Hearing Commission or has been resolved by settlement under section 621.045, RSMo. Once the Administrative Hearing Commission has issued its findings of fact and conclusions of law supporting cause for discipline, the director shall convene a hearing to consider appropriate disciplinary action, and shall enter a final order. (2) Proceedings Before the Administrative Hearing Commission. (A) Refusal of License for Insurance Producers, Bail Bond Agents or Surety Recovery Agents. Any person aggrieved by refusal of an initial or renewal application for a bail bond agent license, a surety recovery agent license or an insurance producer license by the director may file a petition with the Administrative Hearing Commission in accordance with section 374.051, RSMo, and section 374.750, 374.786 or 375.141, RSMo. (B) Revocations or Suspensions of License for Insurance Producers, Bail Bond Agents or Surety Recovery Agents. In matters involving the revocation or suspension of the license of insurance producers, bail bond agents or surety recovery agents, the Consumer Affairs Division shall initiate the matter by submitting to the director, a proposed complaint for filing before the Administrative Hearing Commission in accordance with section 374.051, RSMo and section 374.755, 374.787 or 375.141, RSMo. Attorneys for the director may petition the Administrative Hearing Commission for findings of fact and conclusions of law to support discipline or disqualification. The Administrative Hearing Commission shall, after opportunity for hearing, issue under the Insurance Laws findings of fact and conclusions of law and refer the matter back to the director under section 374.051, RSMo. AUTHORITY: sections 354.120 and 374.045, RSMo 2000 and sections 374.705, 376.1528, and 385.218, RSMo Supp. 2007.* Original rule filed Sept. 5, 2007, effective May 30, 2008. *Original authority: 354.120, RSMo 1973, amended 1983, 1993, 1995; 374.045, RSMo 1967, amended 1993, 1995; 374.705, RSMo 1983, amended 1993, 2004; 376.1528, RSMo 2007; and 385.218, RSMo 2007.