Section 313.650

Title XXI PUBLIC SAFETY AND MORALS

Chapter 313

Effective - 06 May 1986, see footnote   

  313.650.  Refusal, revocation or suspension of occupation license — procedure — appeal, standard of review. — 1.  In the event the commission, for violation of the provisions of sections 313.500 to 313.710 or the rules and regulations of the commission or other just cause, refuses, revokes or suspends an occupation license, or the stewards at any race meeting suspends an occupation license, then the occupation license of the person shall be suspended pending a hearing of the commission.

  2.  The commission's hearings practice and procedure are as provided in the commission's rules.

  3.  All decisions, orders, or findings issued by any steward may be appealed to the commission.  The provisions of chapter 536, except those provisions in conflict with sections 313.500 to 313.710, any rule promulgated by the commission, or any civil rule hereafter adopted which supercedes an applicable provision of chapter 536 shall apply to and govern the proceedings of the commission.

  4.  Final decisions of the commission shall be subject to judicial review pursuant to a petition filed in the circuit court in the county in which the hearing is held, and by delivery of copies of the petition to each party of record, within thirty days after the mailing or delivery of the final decision and notice thereof in such a case.  Review under this section shall be exclusive, and decisions of the commission reviewable under this section shall not be reviewable in any other proceeding, and no other official or court shall have power to review any such decision by an action in the nature of mandamus or otherwise except under the provisions of this section or on appeal.  The party seeking review shall be responsible for the filing of the transcript and record of all proceedings before the commission with the appropriate appellate court.  The final decision of the commission shall be affirmed, unless there is no substantial evidence to support it, it is against the weight of the evidence, it erroneously declares the law, or it erroneously applies the law.

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(L. 1986 S.B. 572)

Effective 5-06-86