Current through Register Vol. 49, No. 18, September 16, 2024
(1) The
commission may suspend, revoke or deny a permit or privilege for cause, but not
until an opportunity has been afforded for a hearing before the commission or
its authorized representative. The hearings under this section shall be
noncontested cases unless the permittee is entitled by law to a contested case
hearing.
(2) The commission may
suspend, revoke or deny a permit or privilege to any hunter who mistakes
another person for game and injures that person by firearm or other weapon.
Suspension, revocation or denial shall not occur until an opportunity has been
afforded for an appeals hearing before the commission pursuant to section
252.043,
RSMo and the procedures for contested cases under this section.
(A) To hear appeals, the commission shall
appoint one (1) or more hearing examiners, subject to supervision by the
commission. At its discretion, the commission may reserve appeals as it deems
fit to be heard and decided by the full commission; in those cases, the
decision of the commission shall be final and subject to judicial review as
provided in Chapter 536, RSMo.
(B)
Any person whose hunting permit or privilege may be suspended, revoked or
denied by the commission for inflicting injury to another person mistaken for
game shall be entitled to a hearing on the commission's determination by filing
a written request for a hearing with the director. The request for hearing must
be received by the director within fifteen (15) days after receipt of
notification of the proposed suspension, revocation or denial by the appellant.
The request for hearing must be sufficient to identify the person requesting
the hearing. No answer or other response by the commission is necessary. Upon
receipt of a request for hearing, the director shall forward it to the hearing
examiner.
(C) The hearing examiner
is authorized to dismiss any request for a hearing and terminate further
proceedings when the appellant-
1. Withdraws
the request for a hearing. The appellant must submit the withdrawal in writing
to the hearing examiner.
2. Fails
to appear at the scheduled time and place for a hearing.
(D) If the hearing examiner determines at any
state of the proceeding that s/he has prior knowledge of specific facts of a
case that would prevent him/her from rendering an objective report and order to
the commission, s/he immediately shall cease to act and the commission shall
provide an alternate hearing examiner.
(E) The hearing examiner shall give written
notice of hearing to the appellant and the director, fixing a time and place at
which the appellant and the director may appear and present evidence. This
notice shall be issued by the hearing examiner not fewer than fifteen (15) days
prior to the hearing date.
(F)
After a request for a hearing is filed with the director, no person shall sign
any pleading or brief or shall appear at any hearing in a representative
capacity for another individual unless that person is a licensed attorney in
good standing in Missouri.
(G) Any
party may take and use depositions under section
536.073,
RSMo. The hearing examiner shall rule on all matters concerning
discovery.
(H) Witnesses may be
summoned to appear to give testimony or to give testimony and produce documents
at the hearing by a subpoena issued by the hearing examiner or by a notary
public at the request of any party.
(I) Any hearing which is scheduled by the
hearing examiner may be continued at his/her discretion pursuant to Supreme
Court Rule 65.
(J) The sole issue
in a hearing is whether the appellant, while hunting, inflicted injury by
firearm or other weapon to another person mistaken for game. The commission
shall present its evidence first at the hearing in support of its suspension,
revocation or denial of a hunting permit or privilege. Then any appellant may
present evidence. Any party shall have the right of cross-examination. Oral or
written evidence must be received in the record to be considered by the
commission in reaching its final decision. Any party shall be entitled to
present oral arguments at the hearing. If oral arguments are presented, they
shall be preserved and transcribed in the record for use of the commission in
reaching a final decision. Any party may file a written brief or the hearing
examiner may require written briefs to be filed within the time set by the
hearing examiner for use of the commission in reaching a final decision. The
hearing examiner may rule on all objections and motions to facilitate
submission of the case to the commission for its final decision.
(K) At the conclusion of the hearing, the
hearing examiner shall cause the entire record to be transcribed in sufficient
quantities that the original may remain a permanent part of the record. Any
party may obtain a copy of the record at the party's expense.
(L) As soon as practical after receipt of the
transcript and briefs of the parties, if any, the hearing examiner shall submit
to the commission a suggested report and order for consideration.
(M) As soon as practical after receipt of the
suggested report and order, the commission shall read the full record and
render a final decision. If briefs or oral arguments are submitted, the
commission, in lieu of reading the entire record, may consider those portions
of the record cited or referred to in the arguments or briefs to arrive at a
final decision. The commission shall render its final decision in writing which
shall be supported by competent and substantial evidence upon the whole record
and which shall be subject to judicial review under section
536.100,
RSMo.
(3) The commission
shall suspend hunting and/or fishing permits of individuals identified as not
in compliance with applicable child support laws under a cooperative agreement
between the Division of Child Support Enforcement of the Department of Social
Services, the Department of Conservation and the Conservation Commission
pursuant to section
454.1027,
RSMo. Suspension of hunting and/or fishing permits shall occur under the
procedures set out in this section.
(A) The
Division of Child Support Enforcement shall be responsible for determining
whether an individual's hunting and/or fishing permit should be suspended under
the applicable law, after ensuring the individual has been provided appropriate
due process, including appropriate notice and the opportunity for
administrative hearing.
(B) When
the Division of Child Support Enforcement has determined suspension is
warranted, a notice shall be provided to the Department of Conservation. The
notice shall include the individual's name, current address, social security
number and a statement from the director of the Division of Child Support
Enforcement that all legal requirements for suspension have been met.
(C) Upon receipt of the stipulated notice,
the Department of Conservation shall verify that the named individual possesses
a current hunting and/or fishing permit, and shall then recommend suspension of
that hunting and/or fishing permit to the Conservation Commission. The
commission, at its next regular meeting, shall act on the
recommendation.
(D) Suspension of
hunting and/or fishing permits under this section shall remain in effect until
the Department of Conservation receives notice from the Division of Child
Support Enforcement that the suspension should be stayed or terminated because
the individual is now in compliance with applicable child support
laws.
(4) Suspension,
revocation or denial of a permit or privilege for cause under sections (1) and
(2) of this rule shall include the concurrent revocation of any method
exemption.
*Original authority: 252.043, RSMo 1990, amended 1998, 1999
and 454.1027, RSMo 1997.
