Missouri § 302.530 - Request for administrative review, when made — temporary permit, duration — telephone hearings permitted, when — hearing, venue, conduct — decision, notice, final when — appeal for judicial review — rulemaking authority.

§ 302.530. Request for administrative review, when made — temporary permit, duration — telephone hearings permitted, when — hearing, venue, conduct — decision, notice, final when — appeal for judicial review — rulemaking authority.

1.  Any person who has received a notice of suspension or revocation may make a request within fifteen days of receipt of the notice for a review of the department's determination at a hearing.  If the person's driver's license has not been previously surrendered, it may be surrendered at the time the request for a hearing is made.

2.  At the time the request for a hearing is made, if it appears from the record that the person is the holder of a valid driver's license issued by this state, and that the driver's license has been surrendered, the department shall issue a temporary permit which shall be valid until the scheduled date for the hearing.  The department may later issue an additional temporary permit or permits in order to stay the effective date of the suspension or revocation until the final order is issued following the hearing, as required by section 302.520.

3.  The hearing may be held by telephone, or if requested by the person, such person's attorney or representative, at a regional location as designated by the director.  The hearing shall be conducted by examiners who are licensed to practice law in the state of Missouri and who are employed by the department on a part-time or full-time basis as the department may determine.

4.  The sole issue at the hearing shall be whether by a preponderance of the evidence the person was driving a vehicle pursuant to the circumstances set out in section 302.505.  The burden of proof shall be on the state to adduce such evidence.  If the department finds the affirmative of this issue, the suspension or revocation order shall be sustained.  If the department finds the negative of the issue, the suspension or revocation order shall be rescinded.

5.  The procedure at such hearing shall be conducted in accordance with chapter 536, with sections 302.500 to 302.540.  A report certified under subsection 2 of section 302.510 shall be admissible in a like manner as a verified report as evidence of the facts stated therein and any provision of chapter 536 to the contrary shall not apply.

6.  The department shall promptly notify the person of its decision including the reasons for that decision.  Such notification shall include a notice advising the person that the department's decision shall be final within fifteen days from the date such notice was mailed unless the person challenges the department's decision within that time period by filing an appeal in the circuit court in the county where the arrest occurred.

7.  Unless the person, within fifteen days after being notified of the department's decision, files an appeal for judicial review pursuant to section 302.535, the decision of the department shall be final.

8.  The director may adopt any rules and regulations necessary to carry out the provisions of this section.

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(L. 1983 S.B. 318 & 135 § 8, A.L. 1984 S.B. 608 & 681, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2005 H.B. 487, A.L. 2012 H.B. 1402)

(1985) Statute abrogates the power of a circuit court judge to issue an order staying the revocation of petitioner's license upon application of petitioner. State ex rel. King v. Kinder (Mo. banc), 690 S.W.2d 408.

(2002) Subsection 4 provision does not deprive agency or court of subject matter jurisdiction to hear challenge to notice of suspension. Whitelaw v. Director of Revenue, 73 S.W.3d 731 (Mo.App.E.D.).

---- end of effective  28 Aug 2012 ----

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