Section 287.962

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 287

Effective - 01 Jan 1994, see footnote   

  287.962.  Hearings, when, conduct of — findings made, when — right to judicial determination. — 1.  Any hearing under this section shall be held at a place designated by the director and upon not less than thirty days' written notice to the insurer or the advisory organization.  A full stenographic record shall be prepared for any hearing held pursuant to this section.  The hearing may be conducted by a hearing officer designated by the director.  All orders and determinations shall be based on findings of fact and conclusions of law.

  2.  The director shall make written findings and conclusions and shall set them forth in an order issued within twenty days of the close of the record.  A hearing under this section shall not be adjourned or recessed except upon application of an insurer or the advisory organization.  An application to adjourn or recess shall be for extraordinary circumstances and not for the purpose of delay.  The grounds for any adjournment or recess of a hearing conducted pursuant to this section shall be specifically stated in the record.

  3.  Any insurer or the advisory organization may obtain a judicial declaration as to the validity of any order by bringing an action for declaratory relief.  The right to judicial determination shall not be affected by the failure to seek reconsideration of the order.  The order may be declared invalid for failure to comply with the provisions of sections 287.930 to 287.975.  The review of any such order shall be on the basis of the record of the proceedings before the director and shall be affirmed if supported by competent and substantial evidence upon the whole record.

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(L. 1993 S.B. 251 § 30)

Effective 1-01-94