HB 693 -- ADMINISTRATIVE HEARING COMMISSION

CO-SPONSORS:  Smith, Carnahan

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee
on Civil and Administrative Law by a vote of 13 to 0.

This bill makes several changes in the law regarding
administrative agency proceedings.  The bill:

(1)  Clarifies that persons in the business of buying or selling
motor vehicles in the state are subject to the jurisdiction of
administrative agencies;

(2)  Repeals the provisions allowing the Administrative Hearing
Commission 10 days to set a hearing date, upon receipt of an
application, and 60 days to issue a final decision;

(3)  Includes motorcycles and all-terrain vehicles within the
category of motor vehicles, for purposes of the Administrative
Hearing Commission's authority to regulate, and allows the
commission to establish a filing fee for the cases;

(4)  Requires a notice of the right to appeal to be issued with
any ruling of the commission on any decision involving the
Department of Social Services' denial of public medical
assistance;

(5)  Allows any party before the commission to request that a
hearing be held by video conferencing;

(6)  Repeals several sections granting the commission authority
to issue summary judgments on agency rules; and

(7)  Requires the commission to promulgate uniform rules for its
proceedings.  Current law allows 3 different sets of rules of
procedure, depending on the agencies involved.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the Administrative Hearing
Commission occasionally needs more than 60 days to issue its
rulings.  The bill will make hearings before the commission
easier for many parties, who may conduct the hearing by
video-conferencing if they wish, rather than traveling to
Jefferson City.  Also, the commission has jurisdiction over
disputes between automobile distributors and retailers and needs
authority to charge a filing fee for these cases.

Testifying for the bill were Representative Smith; and Sharon
Busch, Administrative Hearing Commissioner.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:45 am