PURPOSE: This rule provides a uniform procedure for administrative review of notices to remove outdoor advertising issued by the State Highway Commission under section 226.580, RSMo.

1. (1) Request for Administrative Review. Any person given a notice to remove outdoor advertising under section 226.580, RSMo and 7 CSR 10-6.080(2) by the right-of-way director or designee shall be entitled to an administrative hearing under Chapter 536, RSMo by filing a written request for hearing with the Secretary of the Missouri Highways and Transportation Commission, PO Box 270, Jefferson City, MO 65102. This request for hearing must be received by the commission secretary within thirty (30) days after receipt of the notice to remove outdoor advertising by the applicant. The request for hearing must be sufficient to identify the per-

   JASON KANDER (4/30/08)*

son(s) requesting the hearing and the outdoor advertising structure for which the hearing is requested. No answer or other response by the commission is necessary. Upon receipt of the request for hearing, the commission secretary shall forward the request to the hearing examiner for the commission.

1. (2) Authority to Dismiss Request for Administrative Review. The hearing examiner is authorized to dismiss any request for administrative review and terminate any further proceedings for the following reason:

   1. (A) When the notice to remove outdoor advertising or notice to terminate a nonconforming sign has been withdrawn under 7 CSR 10-6.080(4);
   2. (B) When the applicant has withdrawn the request for administrative review. The applicant must submit the withdrawal in writing to the hearing examiner; or
   3. (C) When the applicant fails to appear at the time and place for a hearing as scheduled under section (4) of this rule.
2. (3) Bias. If the hearing examiner determines at any stage of the proceeding that s/he has prior knowledge of specific facts of a case that s/he deems would prevent the hearing examiner from rendering an objective report and order to the commission, s/he shall immediately cease to act and the commission shall provide an alternate hearing examiner.
3. (4) Notice of Hearing. The hearing examiner shall give written notice of hearing to the applicant and right-of-way director or designee fixing a time and place for a hearing, at which time the applicant and right-ofway director or designee may appear and present evidence. The hearing examiner shall issue this notice not less than fifteen (15) days prior to the date fixed for hearing. In instances where more than one (1) request for hearing is received from the same person, the hearing examiner may consolidate those hearings in the interest of economy.
4. (5) Legal Representation Required. After the request for administrative review is filed with the commission secretary, no person shall sign any pleading or brief or shall appear at any administrative hearing in a representative capacity for a corporation, partnership or another individual unless this person is a licensed attorney in good standing in Missouri.
5. (6) Discovery. Any party may take and use depositions under section 536.073, RSMo. The hearing examiner shall rule on all matters concerning discovery. 7 CSR 10-6
6. (7) Subpoenas. Witnesses may be summoned to appear to give testimony or to give testimony and produce documents at the hearing by a subpoena issued by the hearing examiner, the secretary to the commission or by a notary public at the request of any party.
7. (8) Continuances. Any hearing that is scheduled by the hearing examiner may be continued at the discretion of the hearing examiner pursuant to Supreme Court Rule 65.
8. (9) Evidence, Argument and Briefs. The sole issue in a hearing is whether or not a particular sign is an unlawful sign under section 226.580, RSMo and 7 CSR 10-6.080(2) or is being maintained in violation of the rules for maintenance of nonconforming signs under 7 CSR 10-6.060. The commission shall present its evidence first at the hearing in support of its notice to remove outdoor advertising or notice to terminate nonconforming sign which must specify the reason the commission deems the outdoor advertising to be unlawful. After the commission presents its evidence, the applicant may present evidence. Any party shall have the right of cross-examination. Oral or written evidence must be received in the record to be considered by the commission in reaching its final decision. Any party shall be entitled to present oral argument at the hearing. If oral argument is presented, it shall be preserved and transcribed in the record for the use of the commission in reaching a final decision. Any party may file a written brief or the hearing examiner may require written briefs to be filed within the time set by the hearing examiner for the use of the commission in reaching a final decision. The hearing examiner may rule on all objections and motions to facilitate submission of the case to the commission for its final decision.
9. (10) Transcript. At the conclusion of the hearing, the hearing examiner shall cause the entire record to be transcribed in sufficient quantities that the original may remain a permanent part of the record. Any party may obtain a copy of the record at the party’s expense.
10. (11) Report and Order. As soon as practical after receipt of the transcript and briefs of the parties, if any, the hearing examiner shall submit to each member of the commission a suggested report and order for consideration by the commission.
11. (12) Final Decision. As soon as practical after receipt of the suggested report and order, the members of the commission shall read the full record and render a final decision. If briefs or oral arguments are submitted, the members of the commission, in lieu of reading the entire record, may consider those portions of the record cited or referred to in the arguments or briefs to arrive at a final decision. The commission shall render its final decision in writing which shall be supported by competent and substantial evidence upon the whole record and which shall be subject to judicial review under section 536.100, RSMo.

AUTHORITY: sections 226.150, RSMo 2000 and 226.500–226.600, RSMo 2000 and Supp. 2002.* Original rule filed May 16, 1977, effective Oct. 15, 1977. Amended: Filed Jan. 16, 1990, effective June 11, 1990. Amended: Filed June 15, 1993, effective Jan. 31, 1994. Amended: Filed April 15, 2003, effective Nov. 30, 2003. *Original authority: 226.150, RSMo 1939, amended 1977 and 226.500–226.600, see Missouri Revised Statutes 2000 and Supp. 2002.