Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment recognizes that the name of
the Division of Liquor Control has been changed by executive order, clarifies
certain requirements for a motion for stay or suspension of an agency's
actions, and eliminates the requirement for multiple copies.
(1)Scope and Content. The commission may stay
or suspend any action of an administrative agency pending the commission's
findings and determination in the cause.
(A)
All motions for stay of the action from which petitioner is appealing shall be
in writing.
(B) The movant shall
include in the motion:
1. The full name,
address and telephone number of movant, any attorney representing movant, the
name, address, and telephone number of the respondent and any attorney
representing respondent;
2.
Suitable space in the caption for the commission to affix a case
number;
3. A clear heading, Motion
for Stay;
4. Facts showing why the
commission should grant the stay, set forth in numbered paragraphs, each of
which shall contain, as far as practical, a single set of circumstances;
and
5. A copy of any written notice
of the action from which the petitioner is appealing.
(2) Specific Cases.
(A) International Fuel Tax Agreement (IFTA)
Cases. The commission, with or without the filing of a motion, may stay any
suspension or revocation of an IFTA license if the licensee files a complaint
on that action.
(B) Department of
Social Services Cases Under Section
208.156,
RSMo. The commission shall not grant a stay until after a full hearing on the
motion.
1. The movant must show:
A. That immediate and irreparable injury,
loss, or damage will result if such stay order is denied; or
B. That such person has a reasonable
likelihood of success upon the merits of the claim; and
2. No stay order shall be issued without the
movant posting a bond in such sum as the commission finds sufficient to protect
and preserve the interest of the Department of Social Services or its
divisions.
3. In no event may the
commission grant such stay order where the claim arises under a program or
programs funded by federal funds or by any combination of state and federal
funds, unless it is specified in writing by the financial section of the
appropriate federal agency that federal financial participation will be
continued under the stay order and petitioner has met any other statutory
conditions.
(C)
Franchise Cases Under Sections 407.822.1 and
407.1031.1,
RSMo. The commission's notice of hearing shall contain a stay of the action
from which the petitioner seeks relief. The stay shall dissolve only as set
forth in section (7) and not section (8) of this rule.
(D) Division of Liquor Control Cases, or any
successor thereof. The commission, with or without the filing of a motion, may
stay any order of the supervisor of the Division of Liquor Control if the
licensee files a complaint.
(3) The commission,
upon either party's request or, on its own initiative, may hold an evidentiary
hearing on whether to issue a stay order, except as provided in subsections
(2)(B) and (2)(C) of this rule.
(4) The commission may
condition its stay order on the posting of a bond or other security, except as
provided in subsection (2) (B) of this rule. A bond or other security is posted
when the commission receives it.
(5) The denial of a
motion for stay shall not prejudice the movant's complaint on the
merits.
(6) The commission's stay order shall remain effective
until the commission finally disposes of the case unless the commission orders
otherwise. The commission shall not order otherwise as to a case under
subsection (2)(C) of this rule.
(7) The commission,
upon either party's request or, on its own initiative, may hold an evidentiary
hearing on whether to dissolve a stay order, except as provided in subsection
(2)(C) of this rule.
*Original authority: 621.035, RSMo 1978 and 621.198, RSMo
1965, amended 1978, 2001.
