621.250. Appeals from decisions of certain environmental commissions to be heard by administrative hearing commission--procedure.

MISSOURI STATUTES AND CODES

621.250. Appeals from decisions of certain environmental commissions to be heard by administrative hearing commission--procedure.

Appeals from decisions of certain environmental commissions to beheard by administrative hearing commission--procedure.

621.250. 1. All authority to hear appeals granted in chapters 260,444, 640, 643, and 644, RSMo, and to the hazardous waste managementcommission in chapter 260, RSMo, the land reclamation commission in chapter444, RSMo, the safe drinking water commission in chapter 640, RSMo, the airconservation commission in chapter 643, RSMo, and the clean watercommission in chapter 644, RSMo, shall be transferred to the administrativehearing commission under this chapter. The authority to render finaldecisions after hearing on appeals heard by the administrative hearingcommission shall remain with the commissions listed in this subsection.The commissions listed in this subsection may render final decisions afterhearing or through stipulation, consent order, agreed settlement or bydisposition in the nature of default judgment, judgment on the pleadings,or summary determination, consistent with the rules and procedures of theadministrative hearing commission.

2. Except as otherwise provided by law, any person or entity who is aparty to, or who is affected by, any finding, order, decision, orassessment for which the authority to hear appeals was transferred to theadministrative hearing commission in subsection 1 of this section may filea notice of appeal with the administrative hearing commission within thirtydays after any such finding, order, decision, or assessment is placed inthe United States mail or within thirty days of any such finding, order,decision, or assessment being delivered, whichever is earlier. Theadministrative hearing commission may hold hearings or may make recommendeddecisions based on stipulation of the parties, consent order, agreedsettlement or by disposition in the nature of default judgment, judgment onthe pleadings, or summary determination, in accordance with the rules andprocedures of the administrative hearing commission.

3. Any decision by the director of the department of naturalresources that may be appealed to the commissions listed in subsection 1 ofthis section and shall contain a notice of the right of appeal insubstantially the following language:

"If you were adversely affected by this decision, you may appeal to havethe matter heard by the administrative hearing commission. To appeal, youmust file a petition with the administrative hearing commission withinthirty days after the date this decision was mailed or the date it wasdelivered, whichever date was earlier. If any such petition is sent byregistered mail or certified mail, it will be deemed filed on the date itis mailed; if it is sent by any method other than registered mail orcertified mail, it will be deemed filed on the date it is received by theadministrative hearing commission.".

Within fifteen days after the administrative hearing commission renders itsrecommended decision, it shall transmit the record and a transcript of theproceedings, together with the administrative hearing commission'srecommended decision to the commission having authority to issue a finaldecision. The decision of the commission shall be based only on the factsand evidence in the hearing record. The commission may adopt therecommended decision as its final decision. The commission may change afinding of fact or conclusion of law made by the administrative hearingcommission, or may vacate or modify the recommended decision issued by theadministrative hearing commission, only if the commission states in writingthe specific reason for a change made under this subsection.

4. In the event the person filing the appeal prevails in any disputeunder this section, interest shall be allowed upon any amount found to havebeen wrongfully collected or erroneously paid at the rate established bythe director of the department of revenue under section 32.065, RSMo.

5. Appropriations shall be made from the respective funds of thevarious commissions to cover the administrative hearing commission's costsassociated with these appeals.

6. In all matters heard by the administrative hearing commissionunder this section, the burden of proof shall comply with section 640.012,RSMo. The hearings shall be conducted by the administrative hearingcommission in accordance with the provisions of chapter 536, RSMo, and itsregulations promulgated thereunder.