630.725. Denial or revocation--appeal--determination by administrative hearing commission--notice of revocation, when. - Missouri Statutes

Denial or revocation--appeal--determination by administrative hearingcommission--notice of revocation, when.

630.725. 1. The department shall revoke a license or deny anapplication for a license in any case in which it finds a substantialfailure to comply with the standards established under its rules or therequirements established under sections 630.705 to 630.760.

2. Any person aggrieved by the action of the department to deny orrevoke a license under the provisions of sections 630.705 to 630.760 mayseek a determination of the department director's decision by theadministrative hearing commission pursuant to the provisions of section621.045, RSMo. It shall not be a condition to such determination that theperson aggrieved seek a reconsideration, a rehearing or exhaust any otherprocedure within the department.

3. The administrative hearing commission may stay the revocation ofsuch license, pending the commission's finding and determination in thecause, upon such conditions as the commission deems necessary andappropriate including the posting of bond or other security except that thecommission shall not grant a stay or if a stay has already been enteredshall set aside its stay, if upon application of the department thecommission finds reason to believe that continued operation of aresidential facility or day program pending the commission's finaldetermination would present an imminent danger to the health, safety orwelfare of any resident or a substantial probability that death or seriousphysical harm would result. In any case in which the department hasrefused to issue a license, the commission shall have no authority to stayor to require the issuance of a license pending final determination by thecommission.

4. The administrative hearing commission shall make the finaldecision as to the issuance or revocation of a license. Any personaggrieved by a final decision of the administrative hearing commission,including the department, may seek judicial review of such decision byfiling a petition for review in the court of appeals for the district inwhich the facility or program is located. Review shall be had, except asmodified herein, in accordance with the provisions of sections 621.189 and621.193, RSMo.

5. The department of mental health shall notify the department ofhealth and senior services within ten days of revoking a license under thissection. If the department of health and senior services has not alreadydone so, the department of health and senior services shall within thirtydays of notification from the department of mental health, initiate aninvestigation of the facility to determine whether licensure action undersections 198.022 or 198.036, RSMo, is appropriate.

(L. 1980 H.B. 1724, A.L. 2007 S.B. 3)