198.039. License refused or revoked--review by administrative hearing commission--judicial review. - Missouri Statutes

License refused or revoked--review by administrative hearingcommission--judicial review.

198.039. 1. Any person aggrieved by an official action ofthe department either refusing to issue a license or revoking alicense may seek a determination thereon by the administrativehearing commission pursuant to the provisions of section 621.045,RSMo, et seq., except that the petition must be filed with theadministrative hearing commission within fifteen days after themailing or delivery of notice to the operator. It shall not be acondition to such determination that the person aggrieved seek areconsideration, a rehearing or exhaust any other procedurewithin the department.

2. The administrative hearing commission may stay therevocation of such license, pending the commission's findings anddetermination in the cause, upon such conditions as thecommission deems necessary and appropriate including the postingof bond or other security except that the commission shall notgrant a stay or if a stay has already been entered shall setaside its stay, if upon application of the department thecommission finds reason to believe that continued operation of afacility pending the commission's final determination wouldpresent an imminent danger to the health, safety or welfare ofany resident or a substantial probability that death or seriousphysical harm would result. In any case in which the departmenthas refused to issue a license, the commission shall have noauthority to stay or to require the issuance of a license pendingfinal determination by the commission.

3. The administrative hearing commission shall make thefinal decision as to the issuance or revocation of a license.Any person aggrieved by a final decision of the administrativehearing commission, including the department, may seek judicialreview of such decision by filing a petition for review in thecourt of appeals for the district in which the facility islocated. Review shall be had, except as modified herein, inaccordance with the provisions of sections 621.189 and 621.193,RSMo.

(L. 1979 S.B. 328, et al. § 13)