PURPOSE: This rule outlines the procedures the division will take when a permittee is affected by disciplinary action.

1. (1) The division may cause an investigation to be made in order to determine whether there has been any violation of the law or of these rules and, in doing so, may request the permittee, well owner or other individuals to appear before them to determine the merits of the situation in question. If requested individuals do not appear before the division, a determination will be made based on the available information. Any person who willfully obstructs, hinders or prevents agents of the division in the performance of the duties imposed on them by sections 256.600— 256.640, RSMo is guilty of a class A misdemeanor and may be liable for civil and criminal penalties as set out in section 256.637, RSMo. If the division determines that the holder of any permit issued according to sections 256.600—256.640, RSMo has violated any provision of this law or any rule adopted according to this law, the division shall reprimand, place a permit holder on probation, suspend or revoke a permit. For minor violations, the division will issue a reprimand or a notice of violation, the remediation required and the time period allowed to remedy the violation.
2. (2) As a condition of any order, the division will specify and schedule any remediation required, and will be present, if deemed necessary, while the remediation is performed. The division shall issue and serve on the permittee, a written notice of the order issued under sections 256.600—256.640, RSMo. The order shall specify the particular part of sections 256.600—256.640, RSMo or particular rule of which the permittee is alleged to be in violation and a statement explaining the alleged violation. The order must be sent registered or certified mail, return receipt requested.
3. (3) Any person to whom the division issues an order may appeal it by filing a petition with the board within thirty (30) days of the date of the order. The appeal must be sent registered or certified mail, return receipt requested, to the chairperson of the board. The appeal shall stay the enforcement of the order until a final determination is made by the board.
4. (4) The board may schedule a hearing or after due consideration of the record, make a final determination as it deems appropriate under the circumstances. The board will inform the person appealing of its decision to consider the record or call a hearing. If the board decides to call a hearing, it will notify the person appealing within thirty (30) days of the time and place of the hearing. At any public hearing all testimony taken before the board, or a hearing officer appointed by the board, shall be under oath and recorded stenographically. The transcript shall be available to any person, for the cost of reproduction.
5. (5) The board may sustain, reverse or modify the division’s order or may make other orders as it deems appropriate under the circumstances. It shall notify the affected persons in writing by certified or registered mail, return receipt requested.
6. (6) All final orders and determinations of the board or the division made according to sections 256.600—256.640, RSMo are subject to judicial review according to the provisions of section 536.100, RSMo. Any person who has exhausted all administrative remedies provided by Chapter 536, RSMo and who is aggrieved by a final decision in a contested case, whether the decision is affirmative or negative in form, shall be entitled to judicial review in the form of a trial de novo in the circuit court of the county where the alleged impropriety occurred.

AUTHORITY: sections 256.600 and 256.623 and 256.630, RSMo (1994).* Emergency rule file Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996.

*Original authority: 256.600, RSMo (1985) and 256.623 and 256.630, RSMo (1985), amended 1991.