Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 5 - General Program Procedures › Section 9 CSR 10-5.230 - Hearings Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds provisions for
				  hearings-related documents to be submitted by email and revises representation
				  rights in section (2), the time period for scheduling hearings in section (3),
				  the statutory reference in section (7), and the process for conducting hearings
				  in section (10).
PUBLISHER'S NOTE: The secretary of state has
				  determined that publication of the entire text of the material that is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Requests for hearings shall be submitted
				in the following manner:
(A) All requests for
				hearings shall be made in writing by the appellant or their attorney to the
				hearings administrator within twenty (20) calendar days from the date of the
				final determination letter as set out in
				9 CSR
				10-5.200(6)(D). The request may be
				hand-delivered or sent by mail, email, or facsimile.
1. A request for hearing filed by hand
				delivery or mail is considered received on the date received by the office of
				the hearings administrator. Mailed requests shall be sent to the Office of
				Hearings Administrator, Department of Mental Health, 1706 East Elm St., PO Box
				687, Jefferson City, MO 65102.
2. A
				request for hearing filed by email or facsimile is considered received at the
				time the office of the hearings administrator receives the request, provided
				that the original of the document is sent to the office of the hearings
				administrator and received within ten (10) calendar days of the email or fax.
				If a request arrives by email or fax after 5 p.m., Central Time, and before 12
				a.m., Central Time, or on a Saturday, Sunday, or legal holiday, it is
				considered filed on the next working day. Requests filed by facsimile shall be
				sent to the office of hearings administrator's designated line specified in the
				information provided to the appellant by the department. Requests filed by
				email shall be sent to the office of hearings administrator's designated email
				address included with the information provided to the appellant by the
				department.
A. The time controlling when a
				facsimile arrives at the office of the hearings administrator is the office of
				the hearings administrator's facsimile machine journal. The time controlling
				when an email arrives at the office of the hearings administrator is the
				timestamp in the original message.
B. The person filing by email or facsimile
				bears the risk of loss in transmission, non-receipt, or illegibility. If the
				request for hearing is not received or is materially illegible, the request is
				not considered filed and is totally null and void for all purposes; and