287.962. Hearings, when, conduct of--findings made, when--right to judicial determination. - Missouri Statutes

Hearings, when, conduct of--findings made, when--right to judicialdetermination.

287.962. 1. Any hearing under this section shall be heldat a place designated by the director and upon not less thanthirty days' written notice to the insurer or the advisoryorganization. A full stenographic record shall be prepared forany hearing held pursuant to this section. The hearing may beconducted by a hearing officer designated by the director. Allorders and determinations shall be based on findings of fact andconclusions of law.

2. The director shall make written findings and conclusionsand shall set them forth in an order issued within twenty days ofthe close of the record. A hearing under this section shall notbe adjourned or recessed except upon application of an insurer orthe advisory organization. An application to adjourn or recessshall be for extraordinary circumstances and not for the purposeof delay. The grounds for any adjournment or recess of a hearingconducted pursuant to this section shall be specifically statedin the record.

3. Any insurer or the advisory organization may obtain ajudicial declaration as to the validity of any order by bringingan action for declaratory relief. The right to judicialdetermination shall not be affected by the failure to seekreconsideration of the order. The order may be declared invalidfor failure to comply with the provisions of sections 287.930 to287.975. The review of any such order shall be on the basis ofthe record of the proceedings before the director and shall beaffirmed if supported by competent and substantial evidence uponthe whole record.

(L. 1993 S.B. 251 § 30)

Effective 1-1-94