PURPOSE: This rule establishes the procedures that will be utilized by the director and title service agents for compliance with section 301.119, RSMo.

1. (1) A title service agent receiving a notice of revocation/suspension for failure to satisfy the requirements of state law must request a hearing by the date stated on the notice of revocation/suspension. Failure to request the hearing by that date will be considered a waiver of the right to an administrative hearing and will make final, for the purposes of review, the director’s decision.
2. (2) The date of the United States postmark shall be deemed the date of filing. If the request for hearing is delivered by hand, the date of filing shall be deemed to be the date received by the director of revenue or his/her official representative. If any date for performing any act falls on a Saturday, Sunday or legal holiday in this state, the act shall be considered timely provided it is performed on the next succeeding business day.
3. (3) Hearings will be held in Jefferson City, Missouri. Cases will be placed on the administrative docket in the order in which they are received.
4. (4) Parties requesting hearings will be notified by first class mail of the date and time of the hearing. A copy of the notice will be sent to the attorneys of record and the parties involved.
5. (5) Parties requesting hearings will be allowed one (1) continuance at the discretion of the hearing officer, provided good cause is shown. All requests for continuances shall be made in writing, state good cause for the continuance and be signed and verified by the party making the requests or his/her attorney or authorized representative. All requests for continuance must be filed not later than six

6. (6) days prior to the date of the scheduled hearing. The following events or conditions shall constitute good cause to continue a hearing:

   1. (A) Death of a party, representative, or an attorney of a party, or a witness to an essential fact;
   2. (B) Incapacitating illness of a party, or representative, or attorney of a party or witness to an essential fact. The request must contain a written statement by an attending physician reciting the nature and probable duration of the illness; and
   3. (C) Unavailability of a party, representative or attorney or material witness due to an unavoidable emergency.
7. (6) Cases under section 301.119, RSMo shall be considered contested cases as that term is defined in Chapter 536, RSMo.

8. (7) Hearing procedures are as follows:

   1. (A) The director of revenue or his/her representative shall state to the requesting party that the director has determined that the title service agent has failed to comply with the provisions of Chapter 301, RSMo and the basis for this decision by the director;
   2. (B) The requesting party may present any new facts which s/he feels may show compliance with the applicable provisions of Chapter 301, RSMo;
   3. (C) Parties may present testimony by affidavit. Affidavits may be filed at the time of hearing or after notice of setting of the hearing. Parties will submit the original and three

9. (3) copies of affidavits;

   1. (D) Failure to appear at the hearing at the stated time will make the decision of the director final as of that date; and
   2. (E) The provisions of Chapter 536, RSMo shall apply to hearings held pursuant to section 301.119, RSMo.
10. (8) The director shall make findings of fact and conclusions of law and enter his/her decision. All parties will be mailed a copy of the findings of fact and conclusions of law. No decision will be given at the time of the hearing.
11. (9) The effective date of the director’s decision shall be the date set out in the notice of revocation/suspension or the date set in the hearing decision letter, whichever date is later.
12. (10) Parties may present briefs of law at the time of the hearing.

AUTHORITY: section 301.119, RSMo 1986.* Original rule filed Sept. 10, 1984, effective Jan. 12, 1985.

*Original authority: 301.119, RSMo 1984.