Appealing to the Administrative Hearing Officer
APPLICATION FOR APPEAL.
Within ten (10) days after receipt of a license related
decision, if you are aggrieved you may appeal to a hearing officer
on a form provided by the Director. To be aggrieved the decision
must be one wherein you may be assessed a financial penalty, have your MTC license suspended, revoked, or denied a license
or certificate or have an application placed on hold.
You may seek the
services of an attorney.
Court costs of $100.00 will be assessed for appeals of citations
for code violations which are unsuccessful in gaining relief from
Upon arrival, you must check in with the Hearing Officer and indicate
your readiness for the hearing. You may seek one continuance from the Director for good cause shown prior to the date of appearance. Any further continuances must be obtained from the Hearing Officer prior to the date of appearance with additional court costs applied. The
hearing shall be conducted in a manner as provided in Chapter 536
RSMo. The burden of proof is by the preponderance of evidence on
the Commission. You may elect to call witnesses, cross examine witnesses,
introduce documents as evidence, and testify. Opening and closing
statements are allowed. The Hearing Officer will make a record and
will render a decision with findings of facts and conclusions of
law to follow.
THE DECISION OF THE HEARING OFFICER.
The Hearing Officer may issue a decision immediately or as soon as practicable after the hearing. Subpoenas may be issued as provided in Chapter 536 RSMo.
The time limitations for hearing review shall run from the date
of the mailing of the order of the Commission.