660.416. License denied--suspended--revoked--hearing procedure--appeals. - Missouri Statutes

License denied--suspended--revoked--hearing procedure--appeals.

660.416. 1. Any person aggrieved by an official action ofthe division either refusing to issue a license or revoking orsuspending a license may seek a determination thereon by theadministrative hearing commission pursuant to the provisions ofsection 161.272, RSMo, et seq.; except that, the petition must befiled with the administrative hearing commission within thirtydays after the mailing or delivery of notice to the applicant foror holder of such license or certificate. When the notificationof the official action is mailed to the applicant for or holderof such a license, there shall be included in the notice astatement of the procedure whereby the applicant for or holder ofsuch license may appeal the decision of the division before theadministrative hearing commission. It shall not be a conditionto such determination that the person aggrieved seek areconsideration, a rehearing or exhaust any other procedurewithin the division.

2. The administrative hearing commission may stay therevocation or suspension of such certificate or license, pendingthe commission's findings and determination in the cause, uponsuch conditions as the commission deems necessary and appropriateincluding the posting of bond or other security; except that, thecommission shall not grant a stay or if a stay has already beenentered shall set aside its stay, if, upon application of thedivision, the commission finds reason to believe that continuedoperation of the facility to which the certificate or license inquestion applies pending the commission's final determinationwould present an imminent danger to the health, safety or welfareof any person or a substantial probability that death or seriousphysical harm would result. In any case in which the divisionhas refused to issue a certificate or license, the commissionshall have no authority to stay or to require the issuance of alicense pending final determination by the commission.

3. The administrative hearing commission shall make thefinal decision as to the issuance, suspension, or revocation of alicense. Any person aggrieved by a final decision of theadministrative hearing commission, including the division, mayseek judicial review of such decision by filing a petition forreview in the court of appeals for the district in which theadult day care program to which the license in question appliesis located. Review shall be had in accordance with theprovisions of sections 161.337 and 161.338, RSMo.

(L. 1984 H.B. 1131 § 11)