Initiating Hearing Before the Director

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 director by any party or interested person aggrieved by any order or refusal to make an order under Chapters 354 and 374 through 385, RSMo. Any request for hearing shall contain: (A) The name of the party requesting the hearing; (B) A brief statement of the facts; (C) A summary of factual and legal issues involved; (D) A request for relief; and (E) The name of the 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 director under Chapters 354 and 374 through 385, RSMo must do so within the statutory time limits, if any, applicable in those cases. If there is no time limit, filing must 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 director. (3) Number of Copies to Be Filed. Three (3) copies of a request for hearing or other related material shall be filed with the director. One (1) copy shall be served by mail on any other party to the matter. (4) Hearing Order. The director may order a hearing on any matter within the director’s jurisdiction under Chapters 354 and 374 through 385, RSMo, or as otherwise provided by law. The director may immediately set the matter for hearing, and may also schedule a prehearing conference. Within fifteen (15) days of receiving a request for hearing, the director shall set the matter 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 the request. The hearing order shall contain: (A) Caption and number of the case; (B) Name of party filing; (C) Time, place and date of prehearing conference; (D) Time, place and date of the hearing; (E) If a petition or statement of charges was submitted by the Consumer Affairs Division or any other division in the department and the request for hearing has denied assertions of the division or raised an affirmative defense, the date an answer must be filed; and (F) Citation to rules promulgated by the director regarding hearings. (5) Notice to Parties. All parties, and at the director’s discretion, other interested parties shall be notified promptly by the director upon the filing of a request for hearing or related material. The director shall provide notice by serving copies of all documents filed including the request for hearing and the hearing order. 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.