Missouri Code of State Regulations › Title 3 - DEPARTMENT OF CONSERVATION › Division 10 - Conservation Commission › Chapter 5 - Wildlife Code: Permits › Section 3 CSR 10-5.216 - Permits and Privileges: Revocation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets out the statutory authority
				  of the commission to suspend, revoke or deny a permit or privilege, in addition
				  to its constitutional authority, and provides a uniform procedure for
				  administrative hearings when a hunter inflicts injury to another person
				  mistaken for game.
(1) The
				commission may suspend, revoke or deny a permit or privilege for cause, but not
				until an opportunity has been afforded for a hearing before the commission or
				its authorized representative. The hearings under this section shall be
				noncontested cases unless the permittee is entitled by law to a contested case
				hearing.
(2) The commission may
				suspend, revoke or deny a permit or privilege to any hunter who mistakes
				another person for game and injures that person by firearm or other weapon.
				Suspension, revocation or denial shall not occur until an opportunity has been
				afforded for an appeals hearing before the commission pursuant to section
				252.043,
				RSMo and the procedures for contested cases under this section.
(A) To hear appeals, the commission shall
				appoint one (1) or more hearing examiners, subject to supervision by the
				commission. At its discretion, the commission may reserve appeals as it deems
				fit to be heard and decided by the full commission; in those cases, the
				decision of the commission shall be final and subject to judicial review as
				provided in Chapter 536, RSMo.
(B)
				Any person whose hunting permit or privilege may be suspended, revoked or
				denied by the commission for inflicting injury to another person mistaken for
				game shall be entitled to a hearing on the commission's determination by filing
				a written request for a hearing with the director. The request for hearing must
				be received by the director within fifteen (15) days after receipt of
				notification of the proposed suspension, revocation or denial by the appellant.
				The request for hearing must be sufficient to identify the person requesting
				the hearing. No answer or other response by the commission is necessary. Upon
				receipt of a request for hearing, the director shall forward it to the hearing
				examiner.
(C) The hearing examiner
				is authorized to dismiss any request for a hearing and terminate further
				proceedings when the appellant-
1. Withdraws
				the request for a hearing. The appellant must submit the withdrawal in writing
				to the hearing examiner.
2. Fails
				to appear at the scheduled time and place for a hearing.
(D) If the hearing examiner determines at any
				state of the proceeding that s/he has prior knowledge of specific facts of a
				case that would prevent him/her from rendering an objective report and order to
				the commission, s/he immediately shall cease to act and the commission shall
				provide an alternate hearing examiner.
(E) The hearing examiner shall give written
				notice of hearing to the appellant and the director, fixing a time and place at
				which the appellant and the director may appear and present evidence. This
				notice shall be issued by the hearing examiner not fewer than fifteen (15) days
				prior to the hearing date.
(F)
				After a request for a hearing is filed with the director, no person shall sign
				any pleading or brief or shall appear at any hearing in a representative
				capacity for another individual unless that person is a licensed attorney in
				good standing in Missouri.
(G) Any
				party may take and use depositions under section
				536.073,
				RSMo. The hearing examiner shall rule on all matters concerning
				discovery.
(H) Witnesses may be
				summoned to appear to give testimony or to give testimony and produce documents
				at the hearing by a subpoena issued by the hearing examiner or by a notary
				public at the request of any party.
(I) Any hearing which is scheduled by the
				hearing examiner may be continued at his/her discretion pursuant to Supreme
				Court Rule 65.
(J) The sole issue
				in a hearing is whether the appellant, while hunting, inflicted injury by
				firearm or other weapon to another person mistaken for game. The commission
				shall present its evidence first at the hearing in support of its suspension,
				revocation or denial of a hunting permit or privilege. Then any appellant may
				present evidence. Any party shall have the right of cross-examination. Oral or
				written evidence must be received in the record to be considered by the
				commission in reaching its final decision. Any party shall be entitled to
				present oral arguments at the hearing. If oral arguments are presented, they
				shall be preserved and transcribed in the record for use of the commission in
				reaching a final decision. Any party may file a written brief or the hearing
				examiner may require written briefs to be filed within the time set by the
				hearing examiner for use of the commission in reaching a final decision. The
				hearing examiner may rule on all objections and motions to facilitate
				submission of the case to the commission for its final decision.
(K) At the conclusion of the hearing, the
				hearing examiner shall cause the entire record to be transcribed in sufficient
				quantities that the original may remain a permanent part of the record. Any
				party may obtain a copy of the record at the party's expense.
(L) As soon as practical after receipt of the
				transcript and briefs of the parties, if any, the hearing examiner shall submit
				to the commission a suggested report and order for consideration.
(M) As soon as practical after receipt of the
				suggested report and order, the commission shall read the full record and
				render a final decision. If briefs or oral arguments are submitted, the
				commission, in lieu of reading the entire record, may consider those portions
				of the record cited or referred to in the arguments or briefs to arrive at a
				final decision. The commission shall render its final decision in writing which
				shall be supported by competent and substantial evidence upon the whole record
				and which shall be subject to judicial review under section
				536.100,
				RSMo.