Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.020 - Who May Request

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets out who may request
				  enforcement in matters under sections
				  374.046
				  through
				  374.049,
				  RSMo and other contested case provisions in Chapters 354 and 374 through 385,
				  RSMo.
(1) Proceedings Before
				the Director.
(A) General Provisions. All
				administrative hearings shall be set with the director's issuance of a written
				notice of hearing, which shall be served upon all known parties to the hearing
				and which shall clearly give notice of the particular acts complained of, the
				statutes or rules upon which the allegations in the notice are based, the
				caption of the case, the time and place for hearing and those matters required
				by section
				536.067(2),
				RSMo. The notice may be accomplished by attaching a petition or statement of
				charges. In all administrative enforcement under section
				374.046
				or
				374.047,
				RSMo, the Consumer Affairs Division may initiate the matter by submitting to
				the director a petition for administrative relief containing a statement of
				reasons supporting the administrative action including all pertinent
				allegations of fact and suggestions of law. The director may act summarily, if
				authorized by law, or may give notice of the intent to order administrative
				relief with the issuance of an order to show cause. The director may also then
				issue a hearing order setting the matter for hearing. Any hearing shall be
				governed by section
				374.046
				or
				374.047
				and Chapter 536, RSMo.
(B) Refusal
				of License for Insurance Producers, Bail Bond Agents or Surety Recovery Agents.
				In all administrative actions for bail bond agent applications under sections
				374.750
				and
				374.755,
				RSMo, surety recovery agents under sections
				374.786 and
				374.787,
				RSMo, or insurance producers under section
				375.141,
				RSMo, the Consumer Affairs Division may initiate an action for a refusal of an
				initial or renewal application by submitting to the director a petition for
				refusal containing supporting allegations and suggestions of law. The director
				may issue an order to show cause and schedule a hearing or may refuse the
				license summarily. Any hearing granted by the director shall be governed by
				Chapter 536, RSMo. Any person aggrieved by a refusal of an initial or renewal
				application may request a hearing before the Administrative Hearing Commission
				as provided by law.
(C) Revocations
				or Suspensions of License for Insurance Producers, Bail Bond Agents or Surety
				Recovery Agents. In all administrative actions for discipline or
				disqualification of a bail bond agent under section
				374.787,
				RSMo, a surety recovery agent under section
				374.787,
				RSMo, or an insurance producer under section
				375.141,
				RSMo, the Consumer Affairs Division may submit an
ex parte
request to the director for the filing of a complaint with the Administrative
				Hearing Commission. No order of revocation or suspension under sections
				374.755,
				374.787 and
				375.141,
				RSMo, may be issued by the director unless the matter has been referred to the
				Administrative Hearing Commission or has been resolved by settlement under
				section
				621.045,
				RSMo. Once the Administrative Hearing Commission has issued its findings of
				fact and conclusions of law supporting cause for discipline, the director shall
				convene a hearing to consider appropriate disciplinary action, and shall enter
				a final order.