Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 25 - Motor Vehicle Financial Responsibility › Section 12 CSR 10-25.030 - Hearings Held Pursuant to Section 303.290.1, RSMo

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the procedures used by
				  the director in holding hearings as required by statute and the United States
				  Supreme Court ruling of
Bell v. Burson
prior to the time any
				  action is taken for compliance with the Safety Responsibility
				  Law.
(1) Parties must request
				a hearing by the compliance date as established by the Department of Revenue.
				Failure to request a hearing by the date will be considered a waiver of the
				right to an administrative hearing and will make final for the purposes of
				review of the director's decision.
(2) If any request for a hearing required to
				be filed on or before a prescribed date is delivered after that date by United
				States mail to the director of revenue, or the office or person in that office
				with which or with whom the request is required to be filed, the date of the
				United States postmark stamped on the envelope shall be deemed to be the date
				of filing. This shall apply only if the postmarked date falls on or before the
				compliance date as established by the Department of Revenue. If any date for
				performing any act falls on a Saturday, Sunday or legal holiday in this state,
				the performance of the act shall be considered timely if it is performed on the
				next succeeding day which is not a Saturday, Sunday or legal holiday.
(3) Failure to request a hearing by the
				compliance date with the Department of Revenue, Drivers License Bureau, or
				failure to appear at a hearing in person, by affidavit or by telephone, will
				preclude that party from obtaining judicial review in the circuit court of the
				county of the residence of the licensee. The filing of a petition for review
				under section 303.290.2, RSMo automatically will stay any decision of the
				director pending the decision of the court; provided, a copy of the petition is
				filed with the director.
(4)
				Hearings for mandatory insurance sampling cases will be scheduled and conducted
				by telephone unless a request for an in-person hearing is made. All other
				hearings under Chapter 303, RSMo will be held in Jefferson City,
				Missouri.
(5) Parties requesting
				hearings will be notified of the date and the time of the hearing by first
				class mail at least ten (10) days prior to the hearing date. Copies of the
				notices will go to the attorneys of record and the parties involved.
(6) Parties requesting hearings will be
				allowed one (1) continuance at the discretion of the hearing officer provided
				good cause be shown. All requests for continuances shall be made in writing,
				shall state good cause for the continuance, shall be signed and verified by the
				party making the request or his/her attorney or authorized representative. All
				requests for continuance must be filed not later than six (6) days prior to the
				date of the scheduled hearing. The following events or conditions shall
				constitute good cause to continue a hearing:
(A) Death of a party, representative or
				attorney of a party, or witness to an essential fact;
(B) Incapacitating illness of a party or
				representative, or attorney of a party, or witness to an essential fact. The
				request must contain a written statement by an attending physician reciting the
				nature and probable duration of the illness; and
(C) Unavailability of a party, representative
				or attorney, or material witness due to an unavoidable emergency.