Missouri Code of State Regulations
Title 10 - DEPARTMENT OF NATURAL RESOURCES
Division 10 - Air Conservation Commission
Chapter 1 - Organization
Section 10 CSR 10-1.030 - Air Conservation Commission Appeals and Requests for Hearings
Universal Citation: 10 MO Code of State Regs 10-1.030
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule contains all procedural regulations for all contested cases heard by the commission or assigned to a hearing officer by the commission.
(1) Subject. This rule contains procedural regulations for all contested cases before the commission.
(2) Definitions. As used in this rule, the following terms mean:
(A) Commission-The
Missouri Air Conservation Commission;
(B) Department-The Department of Natural
Resources, which includes the director thereof, or the person or division or
program within the department delegated the authority to render the decision,
order, determination, finding, or other action that is subject to review by the
commission;
(C) Hearing-Any
presentation to, or consideration by the hearing officer of evidence or
argument on a petition seeking the commission's review of an action by the
department;
(D) Hearing
officer-Administrative Hearing Commission; and
(E) Person-An individual, partnership,
copartnership, firm, company, public or private corporation, association, joint
stock company, trust, estate, political subdivision or any agency, board,
department or bureau of the state or federal government or any other legal
entity whatever, which is recognized by law as the subject of rights and
duties.
(3) Filing an Appeal or Requesting a Hearing.
(A) Any
person adversely affected by a decision of the department or otherwise entitled
to ask for a hearing may appeal to have the matter heard by filing a petition
with the Administrative Hearing Commission within thirty (30) days after the
date the decision was mailed or the date it was delivered, whichever date was
earlier.
(B) A petition sent by
registered mail or certified mail will be deemed filed on the date it is
mailed. If it is sent by any method other than registered mail or certified
mail, it will be deemed filed on the date it is received by the Administrative
Hearing Commission.
(4) Procedures.
(A) The hearing shall be
conducted in accordance with the provisions of Chapter 536, RSMo, and the
regulations of the Administrative Hearing Commission promulgated
thereunder.
(B) Upon receipt of the
hearing officer's recommendation and the record in the case, the commission
shall-
1. Distribute the hearing officer's
recommendation to the parties or their counsel;
2. Allow the parties or their counsel an
opportunity to submit written arguments regarding the recommendation;
3. Allow the parties or their counsel an
opportunity to present oral arguments before the commission makes the final
determination;
4. Complete its
review of the record and deliberations as soon as practicable;
5. Deliberate and vote upon a final, written
determination during an open meeting, except that the commission may confer
with its counsel in closed session with respect to legal questions;
6. Issue its final, written determination as
soon as practicable, including findings of fact and conclusions of law. The
decision of the commission shall be based only on the facts and evidence in the
record; and
7. The commission may
adopt the recommended decision of the hearing officer as its final decision.
The commission may change a finding of fact or conclusion of law made by the
hearing officer, or may vacate or modify the recommended decision, only if the
commission states in writing the specific reason for a change.
*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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