PURPOSE: This rule sets out who may request hearings upon matters under the Missouri Uniform Securities Act.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) Proceedings involving the revocation or suspension of the registration of brokerdealers, agents or investment advisers shall be referred to the Administrative Hearing Commission in accordance with section 409.204(0 of the Missouri Uniform Securities Act (the Act).
2. (2) Proceedings arising from the summary postponement or suspension of the registration of broker-dealers, agents or investment advisers, except those filed with the Administrative Hearing Commission, and proceedings arising from the denial, suspension or revocation of the registration of securities, or the denial or revocation of exemptions from registration, as well as orders issued pursuant to section 409.408, RSMo, shall be heard by the commissioner, the hearing being governed by sections 536.010, 536.060, 536.063-536.120, RSMo (section 409.412(a) of the Act).

3. (3) Proceedings arising from the denial, revocation, suspension, summary postponement or summary suspension of the registration of commodity broker-dealers or sales representatives under the Missouri Model Commodities Code, sections 409.800-409.863, RSMo shall be heard by the commissioner, the hearing being governed by sections 409.843, 536.010,536.060 and 536.063-536.120, RSMo.

   Auth: sections 409.413 and 409.836, RSMo(l966).* Originalrulefiled June25, 1968, effective Aug. 1, 1968. Amended: Filed May21,1969, effectiue Aug. l,I969. Amended: Filed July 21, 1972, effective Aug. 1, 1972. Amended: Filed Nov. 15, 1974, effective Nov. 25, 1974. Amended: Filed Aug. 11, 1978, effective Feb. 11, 1979. Amended: Filed Aug. 22, 1986, effective Jan. 30, 1987. Amended: Filed July 3,1989, effective Sept. 28,1989. ‘Original anthority: 409.413, RSMo (1967) and 409.836, RSMo (1985).

15 CSR 3045.020 Instituting Hearing Before Commissioner

PURPOSE: This rule describes the form and content of the request or order for hearing, time for filing, number of copies to be filed and how notice will be served.

1. (1) Filing. A request for hearing shall be filed with the commissioner by any party or interested person aggrieved by an order or refusal to make an order under this chapter. The commissioner may order a hearing on any matter within his/her jurisdiction under Chapter 409, RSMo. The contents of the order shall be the same as that required to be filed in a request for hearing.
2. (2) Time for Filing. Any person entitled to request a hearing in any matter within the jurisdiction of the commissioner must do so within the statutory time limits, if any, applicable in those cases. If there is no time limit, filing should be within a reasonable period of time not to exceed thirty (30) days from the date of receipt of any notice of action or refusal to take action by the commissioner.

3. (3) Form of Filing. Any request or order for hearing or related writing filed, other than a notice of appeal, shall contain:

   1. (A) A brief statement of the facts;

   2. (B) A summary of issues involved, including:

      1. 1. What relief is sought; and
      2. 2. Why relief should be granted, including

relevant statutes;

1. (C) The name of party filing; and
2. (D) The name of attorney representing party, if any.

1. (4) Number of Copies to be Filed. Three (3) copies of a request for hearing or other related material shall be filed with the commissioner. One(l)copyshallbefiledfor eachpartynamed in the request.

2. (5) Notice of Filing. All parties and, in the discretion of the commissioner, other interested persons shall be notified promptly by the commissioner upon the filing of a request for hearing or related material filed. Contents of the notice will contain the information specified in 15 CSR 30-55.030(2)(A)-(F). Notice pursuant to this provision may be consolidated with the notice for hearing required by 15 CSR 30-55.030 if the hearing is set within five (5) days of the filing of the request for hearing. 15 CSR 30-55

   Auth: sections 409.413 and 409.836, RSMo (1986).* Original rule filed Aug. I I, 1978, effective Feb. 11, 1979. Amended: Filed Aug. 22, 1986, effective Jan. 30, 1987. ‘Original authority: 409.413, RSMo (1967) and 409.836, RSMo (19851.

15 CSR 30-55.036) Answers and Supplementary Pleadings

PURPOSE: This rule describes the form and content of the answer and supplementarypleadings and how they shall be filed.

1. (1) Answers.

   1. (A) A respondent has the right to file an answer in response to any complaint or order served upon him/her. All answers shall be in writing and should admit those portions of the complaint which respondent believes are true and deny those portions of the complaint which respondent believes are not true. The answer shall contain a short and concise statement of those facts which the respondent believes are true and relevant to the issues raised in the complaint. The answer must be signed by the respondent, its, his/her, authorized agent or legal counsel and shall be filed with the commission at its office in Jefferson City. A copy of the answer shall be mailed by respondent to all parties.
   2. (B) In those cases where an applicant has filed a complaint and the division files an answer, the answer shall set forth in brief form the specific grounds upon which it acted. Unless the answer specifically pleads that petitioner has failed to comply with 15 CSR 30. 55.020, those requirements will be deemed as admitted or waived by respondent. Absent a showing that the agency has complied with the law and these rules, no complaint of an applicant shall be dismissed without a hearing on the merits.
   3. (C) All answers shall be filed within ten (10) days after respondent receives a copy of the complaint. However, the failure to file an answer within the tlrne provided in this rule will not prevent the commission from holding a prehearing conference or a hearing at the time and place specified in the notice, nor will this failure divest the commission of its jurisdiction to render a decision in the case. 15 CSR30-55-ELECTED OFFICIALS

2. (2) Amendments and Supplementary Pleadings. ings.

   1. (A) Complaints may be modified or (A) Complaints may be modified or amended without leave of the commission at amended without leave of the commission at any time preceding the filing of an answer by any time preceding the filing of an answer by the respondent. After respondent has filed the respondent. After respondent has filed his/heranswer, leave must be granted to amend or modify any complaint.
   2. (B) Answers may be modified or amended without leave of the commission at any time up to five (5) days preceding the date on which the hearing in the case is actually held. After this time, all modifications or amendments to answers may be made only upon leave being granted by the commission.
   3. (C) Any pleading, other than a complaint or an answer, may be filed in any case pending before the commission if leave is first granted. Auth: section 409.413, RSMo (1986).* Original rule filed Aug. 11, 1978, effective Feb. 11,1979. *Original authority 1967.