374.051. Refusal of license and nonrenewal, applicant may appeal, procedure. - Missouri Statutes

Refusal of license and nonrenewal, applicant may appeal, procedure.

374.051. 1. Any applicant refused a license or the renewal of alicense by order of the director under sections 374.755, 374.787, and375.141, RSMo, may file a petition with the administrative hearingcommission alleging that the director has refused the license. Theadministrative hearing commission shall conduct hearings and make findingsof fact and conclusions of law in determining whether the applicant may bedisqualified by statute. Notwithstanding section 621.120, RSMo, thedirector shall retain discretion in refusing a license or renewal and suchdiscretion shall not transfer to the administrative hearing commission.

2. If a proceeding is instituted to revoke or suspend a license ofany person under sections 374.755, 374.787, and 375.141, RSMo, the directorshall refer the matter to the administrative hearing commission bydirecting the filing of a complaint. The administrative hearing commissionshall conduct hearings and make findings of fact and conclusions of law insuch cases. The director shall have the burden of proving cause fordiscipline. If cause is found, the administrative hearing commission shallsubmit its findings of fact and conclusions of law to the director, who maydetermine appropriate discipline.

3. Hearing procedures before the director or the administrativehearing commission and judicial review of the decisions and orders of thedirector and of the administrative hearing commission, and all otherprocedural matters under this chapter, shall be governed by the provisionsof chapter 536, RSMo. Hearings before the administrative hearingcommission shall also be governed by the provisions of chapter 621, RSMo.

(L. 2007 S.B. 66)