☰ Revisor of Missouri

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 256

< > Effective - 28 Aug 1991 bottom

  256.630.  Violations of the law, suspension, revocation — procedure, appeals. — 1.  If the division determines that the holder of any permit issued pursuant to sections 256.600 to 256.640 has violated any provision of sections 256.600 to 256.640, or any rule or regulation adopted pursuant thereto, the division shall reprimand, suspend, place any such permittee on probation or revoke a permit.

  2.  The division shall cause to have issued and served upon the permittee a written notice of the order or revocation issued under section 256.619 or this section, which notice shall include a copy of the order, shall specify the provision of sections 256.600 to 256.640, or the standard, rule or regulation, order or permit term or condition of which the permittee is alleged to be in violation and a statement of the manner in which the person is alleged to violate sections 256.600 to 256.640, or the standard, rule or regulation, order or permit term or condition.  Service may be made upon any person within or without the state by registered or certified mail, return receipt requested.  Any person against whom the division issues an order may appeal it by filing a petition with the board within thirty days.  The appeal shall stay the enforcement of the order until a final determination is made.

  3.  After due consideration of the record, or upon default in appearance of the petitioner at any hearing of which he has been given notice by registered or certified mail, the board shall issue and enter such final order, or make such final determination as it deems appropriate under the circumstances.  The board may sustain, reverse or modify the division's order or may make such other orders as it deems appropriate under the circumstances.  It shall notify the petitioner or respondent thereof in writing by certified or registered mail.

  4.  Any affected person aggrieved by an action of the division may appeal to the board.  At any public hearing all testimony taken before the board, or a hearing officer appointed by the board, shall be under oath and recorded stenographically.  The transcript so recorded shall be made available to any person upon payment of a fee equal to the cost of reproduction.  All final orders and determinations of the board or the division made pursuant to the provisions of sections 256.600 to 256.640 are subject to judicial review pursuant to the provisions of section 536.100.  Any person who has exhausted all administrative remedies provided by chapter 536 and who is aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, shall be entitled to judicial review in the form of a trial de novo in the circuit court of the county wherein the alleged impropriety occurred.

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(L. 1985 S.B. 281 § 10, A.L. 1991 S.B. 221)


---- end of effective  28 Aug 1991 ----

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