PURPOSE: This rule sets out the definitions of terms used in the rules of the Administrative Hearing Commission.
(1) As used in this chapter, the following terms mean:
- (A) Agency—any governmental entity subject to the jurisdiction of the commission;
- (B) Aggrieved—person any person, other than an agency, the attorney general, a licensee or an applicant, whom the law allows to file a complaint relating to a license;
- (C) Applicant—any person who has been denied the opportunity to be examined upon his/her qualifications for licensure by an agency, or who has passed an examination for licensure, or who possesses the qualifications for licensure without an examination and has been denied a license or license renewal by an agency;
- (D) Commission—the Administrative Hearing Commission or any commissioner;
- (E) Commissioner—any administrative hearing commissioner, including any acting commissioner;
- (F) Commission’s office—the Administrative Hearing Commission’s official residence in Jefferson City, MO 65101;
- (G) Complaint—the initial pleading, other than a motion for a stay, or any amended complaint;
- (H) Hearing—any presentation to, or consideration by, the commission of evidence or argument on a complaint, motion or application;
- (I) License—any permit to engage in a licensed activity or certificate of registration;
- (J) Licensee—any person holding a license;
- (K) Petitioner—the party filing the complaint;
- (L) Pleading—a complaint or a responsive pleading;
- (M) Respondent—the party against whom the complaint is filed;
- (N) Responsive pleading—an answer and any motion directed to the contents or form of the complaint, including, without limitation, motions to dismiss, motions for more definite statement or to make more definite and certain, or motions to strike or any combination of these pleadings; and
- (O) Stay—any stay or a suspension of an agency action.
AUTHORITY: section 621.198, RSMo 1986.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992.
*Original authority: 621.198, RSMo 1965, amended 1978.