PURPOSE: This rule sets forth the procedures used by the director in holding hearings following the suspension or revocation of a person’s driving privilege pursuant to section 302.530, RSMo.

1. (1) Individuals shall make a written request for a review of the director’s determination. The request must actually be filed with the department on or before the effective date of the suspension or revocation. The effective date shall be fifteen (15) days after the date of issuance of the notice of suspension if the notice is hand delivered or eighteen (18) days from the date of mailing if the notice of suspension is mailed from the department. If any request for a hearing is delivered by United States mail postage prepaid after the effective date of suspension or revocation, the date of the United States postmark stamped on the envelope shall be deemed to be the date of filing. The request shall be sent to: Missouri Department of Revenue, Drivers License Bureau, P.O. Box 3700, Jefferson City, MO 65105-3700. If the effective date falls on a Saturday, Sunday or legal holiday in this state, the request for hearing shall be considered timely if it is filed on the next succeeding day which is not a Saturday, Sunday or a legal holiday as specified in 12 CSR 10- 24.340.

2. (2) If the person is a holder of a valid drivers license issued by this state, and if the person’s drivers license has not been previously surrendered, it must be surrendered at the time the request for hearing is made. Failure to surrender the license shall be deemed a waiver of the right to an administrative hearing absent good cause shown in writing at the time a request for hearing is made.

   1. (A) If the person’s license has been lost, destroyed or stolen, and s/he is not currently suspended or revoked for any reason, s/he must apply for a duplicate license and surrender the sixty (60)-day driving receipt with the hearing request.
   2. (B) If the person’s license has been lost, destroyed or stolen, and s/he is currently suspended or revoked, s/he must submit a notarized affidavit of lost, destroyed or stolen license with the hearing request.
3. (3) Failure to properly request a hearing shall be considered a waiver of the right to an administrative hearing and shall make the director’s determination final.

4. (4) Individuals requesting hearings may request one (1) continuance for good cause shown. The decision to grant a continuance shall be at the discretion of the department. All requests for continuances should be in writing, state the factual basis for continuance and be signed by the individual making the request or his/her attorney. All requests for continuance must be filed not later than six (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 attorney of a party, or 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.
5. (5) Any delay in a hearing which is caused or requested which is not for good cause shall not result in a stay of the suspension or revocation during the period of delay.
6. (6) Hearings will be scheduled and conducted by telephone unless a request for an inperson hearing is made. Any request for an in-person hearing must be postmarked to the Department of Revenue no later than seven
7. (7) days, not including weekends or holidays, from the date notice of telephonic hearing is mailed. If the hearing is in person, it shall be held in the county in which the arrest occurred. The party arrested/stopped may be represented by an attorney during any telephonic or in-person hearing. Notice of the hearing, place, date and time shall be sent to the party arrested/stopped and to the attorney of record, if known, at the time of notice. Suspension or revocation shall be stayed until a final order is issued following the hearing. The hearing will be conducted by department examiners who are licensed to practice law in Missouri.
8. (7) The sole issue at the hearing shall be whether, by the preponderance of the evidence, the person was arrested/stopped upon probable cause to believe the alcohol concentration in the person’s blood exceeded the limits provided in section 302.505, RSMo. The provisions of Chapter 536, RSMo shall apply when not inconsistent with Chapter 302, RSMo.
9. (8) Subsequent to the hearing, the director shall render a final decision separately stating findings of fact and conclusions of law. The party shall be mailed a copy of the findings of fact and conclusions of law by certified mail. The attorney of record shall be mailed a copy of the findings of fact and conclusions of law by regular mail.
10. (9) At the hearing the party may present any facts which show the party was not driving a motor vehicle while the alcohol concentration in the person’s blood exceeded the limits provided in section 302.505, RSMo. A party may subpoena witnesses including the law enforcement officer or blood alcohol concentration analyzer to attend the hearing or participate in a telephonic hearing, by requesting a subpoena from the Department of Revenue prior to the hearing.
11. (10) The party may examine all available evidence before the hearing. Any witness may be cross-examined during the hearing.
12. (11) The party aggrieved by the decision of the director may appeal to the circuit court of the county in which the arrest occurred. This appeal must be filed within fifteen (15) days after the date of the final decision of the director.

AUTHORITY: section 302.530, RSMo Supp. 1997.* Original rule filed Feb. 3, 1984, effective May 11, 1984. Amended: Filed Aug. 2, 1985, effective Dec. 26, 1985. Emergency amendment filed June 26, 1992, effective July 6, 1992, expired Nov. 2, 1992. Emergency amendment filed Oct. 22, 1992, effective Nov. 3, 1992, expired March 2, 1993. Amended: Filed June 26, 1992, effective Feb. 26, 1993. Amended: Filed Nov. 24, 1993, effective June 6, 1994. Amended: Filed Dec. 15, 1998, effective June 30, 1999. *Original authority 1983, amended 1984. 1996