Section 621.052

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 621

Effective - 28 Aug 1999   

  621.052.  Administrative appeals authorized for agency decisions on tax credits, abatements or loans — time for filing — decision of agency to notify of right to appeal, language required — procedures. — 1.  Except as otherwise provided by law, any person or entity shall have the right to appeal to the administrative hearing commission from any finding, order, decision, made by an agency regarding the eligibility of a state-administered or subsidized tax credit, tax abatement or loan pursuant to subsection 1 of section 285.025.  Any person or entity who is a party to such a dispute shall be entitled to a hearing before the administrative hearing commission by the filing of a petition with the administrative hearing commission within thirty days after the decision of the director of the appropriate agency is placed in the United States mail or within thirty days after the decision is delivered, whichever is earlier.  The decision of the director shall contain a notice of the right of appeal in substantially the following language:

If you were adversely affected by this decision, you may appeal to the administrative hearing commission.  To appeal, you must file a petition with the administrative hearing commission within thirty days after the date this decision was mailed or the date it was delivered, whichever date was earlier.  If any such petition is sent by registered mail or certified mail, it will be deemed filed on the date it is mailed; if it is sent by any method other than registered mail or certified mail, it will be deemed filed on the date it is received by the commission.

  2.  The procedures applicable to the processing of such hearings and determinations shall be those established by chapter 536.  Decisions of the administrative hearing commission under this section shall be binding subject to appeal by either party.

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(L. 1999 H.B. 701)