256.630. Violations of the law, suspension, revocation--procedure, appeals.

MISSOURI STATUTES AND CODES

256.630. Violations of the law, suspension, revocation--procedure, appeals.

Violations of the law, suspension, revocation--procedure,appeals.

256.630. 1. If the division determines that the holder ofany permit issued pursuant to sections 256.600 to 256.640 hasviolated any provision of sections 256.600 to 256.640, or anyrule or regulation adopted pursuant thereto, the division shallreprimand, suspend, place any such permittee on probation orrevoke a permit.

2. The division shall cause to have issued and served uponthe permittee a written notice of the order or revocation issuedunder section 256.619 or this section, which notice shall includea copy of the order, shall specify the provision of sections256.600 to 256.640, or the standard, rule or regulation, order orpermit term or condition of which the permittee is alleged to bein violation and a statement of the manner in which the person isalleged to violate sections 256.600 to 256.640, or the standard,rule or regulation, order or permit term or condition. Servicemay be made upon any person within or without the state byregistered or certified mail, return receipt requested. Anyperson against whom the division issues an order may appeal it byfiling a petition with the board within thirty days. The appealshall stay the enforcement of the order until a finaldetermination is made.

3. After due consideration of the record, or upon defaultin appearance of the petitioner at any hearing of which he hasbeen given notice by registered or certified mail, the boardshall issue and enter such final order, or make such finaldetermination as it deems appropriate under the circumstances.The board may sustain, reverse or modify the division's order ormay make such other orders as it deems appropriate under thecircumstances. It shall notify the petitioner or respondentthereof in writing by certified or registered mail.

4. Any affected person aggrieved by an action of thedivision may appeal to the board. At any public hearing alltestimony taken before the board, or a hearing officer appointedby the board, shall be under oath and recorded stenographically.The transcript so recorded shall be made available to any personupon payment of a fee equal to the cost of reproduction. Allfinal orders and determinations of the board or the division madepursuant to the provisions of sections 256.600 to 256.640 aresubject to judicial review pursuant to the provisions of section536.100, RSMo. Any person who has exhausted all administrativeremedies provided by chapter 536, RSMo, and who is aggrieved by afinal decision in a contested case, whether such decision isaffirmative or negative in form, shall be entitled to judicialreview in the form of a trial de novo in the circuit court of thecounty wherein the alleged impropriety occurred.