PVRPOSE: This rule implements section 301.56X., RSMo and establishes procedures for the review of license denial.

(11 Any staff decision to deny licensure will be reviewed by the commission upon a written request made within thirty (30) days after the notice of denial is issued. The request- (-4) Shall be in writing addressed to the commission’s office in Jefferson City;

- Judith K. Moriarty (l/3/94) Secretarv Of state (hi) Shall contain the signature of the applicant and the applicant’s current address. All future notices of any commission proceedings pertaining to that applicant shall be mailed to the address in the request for review; (C) Shall specifically refer to the notice of denial of which the review is sought or shall contain a copy of that notice; (D) Shall set forth the reasons for reconsideration; and (E) Will be treated as a request for hearing and a hearing will be held unless the applicant specifically waives the right to hearing in writing.

1. (2) Hearings on requests for review will normally be scheduled in the order in which they are received. Notice of the hearing date, time and place will be forwarded to all parties involved. One (1) postponement for good cause may be allowed to the next available docket if a request for postponement is received six (6) days prior to the scheduled hearing date. If a request is not received within six (6) days of the scheduled hearing date, the continuation may be granted at the discretion of the hearing officer.
2. (3) A copy of the request for review shall be mailed to any other parties.
3. (4) All original hearings on requests for review of licensure denial shall be heard by the hearing officer.
4. (5) Averbatim transcript shall be made by the commission of all proceedings before the hearing officer and shall be available to any party at cost.
5. (6) In a review proceeding, the commission shall be represented by its general counsel, an assistant attorney general, or both.
6. (7) The applicant may be represented by legal counsel.
7. (8) All parties may present evidence and utilize affidavits to the extent permissible under Chapter 536, RSMo. Parties may subpoena or require the attendance of witnesses at their own expense. Witnesses are subject to cross-examination by the opposing party. All parties involved may examine available evidence prior to the appeal hearing,
8. (9) Subsequent to the review hearing,, the hearing officer will enter a final deasion separately stating Findings of Fact and Conclusions of Law. The commission, immediately upon the hearing officer’s decision, shall give written notice of the decision by mailing that notice to each party, or his/her attorney of 12 CSR 60-4

record, anduponrequest shall furnish him/her with a copy of the Decision, Order, Findings of Fact and Conclusions of Law. (10) Any interested party in a review proceeding may appeal from a final decision of the hearing officer by making an application for review within twenty (20) days from the date of the decision with the commission. A form to be used in making an application has been promulgated by the commission and is availa ble upon request. The applicant for review is not required to use the promulgated form. provided his/her application sets forth information in regard to the case and decision which s/he seeks to have reviewed, and his/ her reasons for making the application for a review of the evidence. Review by the commission will be conducted according to the procedure descirbed in 12 CSR 60-4.080. The commission may also elect to review any final decision of the hearing officer on its own motion.

1. (11) Unless appealed from or reviewed by the commission on its own motion, the decision of the hearing officer shall become the final decision of the commission thirty (30) days after the date of the decision. The effective date of the commission’s decision will be the compliance date set out in the notice or the date the decision becomes final, whichever is later, A properly received request for review will automatically stay an order of denial until the effective date of the commission’s decision.

2. (12) The final decision of the commission may be appealed pursuant to the provisions of Chapter 536, RSMo.

   Auth: section 301.553, RSMo (Cum. Supp. 1989j.* Original rule filed July IO, 1989, effective Sept. 28, 1989. Amended: Filed April 18, 1990, effective June 28, 1990. *Or&al authority 1988, amended 1989