PURPOSE: This rule sets forth the manner in which a contested case is initiated.

1. (1) A contested case initiated pursuant to subsection 3 of section 105.961, RSMo, shall be commenced after the commission has received and reviewed a report from a special investigator made pursuant to subsection 1 of section 105.961, RSMo, or an audit conducted pursuant to section 105.959, RSMo, and the commission has concluded, based upon such report or upon such audit, that there are reasonable grounds to believe that a violation of any law has occurred which is not a violation of criminal law or that a criminal prosecution is not appropriate. Upon such conclusion—

   1. (A) The commission shall request the attorney general to prepare a complaint, directed to the object(s) of the special investigator’s report or audit, as provided by section 536.063, RSMo;
   2. (B) Such complaint shall be filed with the commission by the attorney general and shall affirmatively request relief within the jurisdiction of the commission should the commission determine, after conducting a hearing, that probable cause exists to find the person named in the complaint in violation of the provisions of law set forth in the complaint; and
   3. (C) If the attorney general or any member of his/her staff is the subject of any investigation or complaint, or is in any manner related or connected to the subject of any investigation or complaint to a degree indicative or suggestive of a conflict of interest, the attorney general and/or his/her assistants shall not participate in any manner in the handling or disposition of the investigation and complaint.
2. (2) The administrative secretary shall issue and serve in the name of the commission, a written notice, together with a copy of the complaint, requiring the person named in the complaint, hereafter referred to as “respondent,” to answer the charges at a hearing before the commission, at a time and place as specified in the notice.
3. (3) The commission shall be a party to the action and shall be represented by the attorney general or his/her designee.
4. (4) The hearing shall be conducted in the manner provided by sections 536.063 to 536.090, RSMo.

AUTHORITY: section 105.955.14(7), RSMo (Cum. Supp. 1996).* Original rule filed March 24, 1997, effective Sept. 30, 1997.

*Original authority 1991, amended 1994, 1995, 1996.