178.920. Procedure for establishing sheltered workshops--hearing--certificate--revocation. - Missouri Statutes

Procedure for establishing shelteredworkshops--hearing--certificate--revocation.

178.920. 1. Any group of persons desiring to establish a shelteredworkshop which will be eligible for state aid shall request a certificate ofapproval from the department. The request shall be in writing on formsprovided by the department, and shall contain such information as thedepartment may reasonably require.

2. Within sixty days after receipt of the request, the department shallhold a hearing to determine suitability of the proposed sheltered workshop toprovide appropriate supervised employment and rehabilitation for handicappedpersons.

3. If, after hearing, the department determines that the proposedsheltered workshop will be a proper agent of the state for the purpose ofemployment and rehabilitation of handicapped persons, it shall notify thepersons requesting the certificate that they will be issued a certificate ofapproval upon filing with the department the applicant's certificate ofincorporation as a not-for-profit corporation and a copy of its charter andbylaws. No provision of the charter or bylaws shall conflict with the rulesand regulations of the department.

4. The department may refuse to issue a certificate of authority if itfinds that a proposed sheltered workshop will not be a proper agency of thestate for the purpose of employment and rehabilitation of handicapped personsand it may, after notice and hearing, revoke the certificate of authority ofany sheltered workshop which is no longer qualified because the need for theworkshop no longer exists or for violation of any rule or regulation of thedepartment.

(L. 1965 p. 309 § 3)

(1987) Hearing to determine whether certificate of authority should be issued to party proposing sheltered workshop pursuant to the provisions of this section does not qualify as a "contested case" for the purpose of applying special venue statute, section 536.110. Welsch v. Dept. of Elem. and Secondary Ed. 731 S.W.2d 450 (Mo.App.).