A written request for review (also called a petition, complaint, application or other names in various statutes) is generally sufficient once it is filed. "Filing" it generally means that the AHC receives it. Sending is not enough for filing, unless you have sent your petition by certified mail or registered mail. There is no filing fee, except for motor vehicle franchise cases. There may be a time limit.
The AHC sends a copy of the complaint to the respondent (the party adverse to whoever started the case) with a Notice of Complaint. That notice tells the respondent to file an answer (admitting or denying, or stating lack of knowledge) to the complaint.
Yes, in some cases. If the law sets a deadline for filing your case and you miss it, you have no case. In figuring your filing deadline, make sure to distinguish between when you received a decision you're appealing and when the decision was mailed. Usually your time to file runs from the date the decision was mailed.
Any individual can present their own case before the AHC. Anyone may start a case for another person. After that, the only person who may represent someone else—including a single-shareholder corporation—before the AHC is a licensed lawyer. You should be aware that the state agency involved in your case may be represented by a lawyer. You can hire a lawyer at your expense. For help finding a lawyer, see http://mobar.org
If the Notice of Complaint names you as Respondent, promptly file an answer that admits, denies, or states lack of knowledge, as to the matters in the complaint. If the Notice of Complaint names you as Petitioner, wait for the answer. In either case, you can begin preparing discovery, the process by which the parties learn about each others' case. Our booklet, "Representing Yourself in Your Appeal before the Administrative Hearing Commission" may be of assistance. You can also talk to the other side (or their lawyer) about settling the case.
Yes. All parties are required to participate or the case may be dismissed. A prehearing conference may be scheduled by the AHC or at the request of a party and will be held by telephone conference. At a prehearing conference, the parties will make scheduling decisions, clarify and narrow the legal issues to be decided and decide if any other matters need to be discussed.
Sometimes either or both parties may request rescheduling a hearing or a date something is due. If you need a change in date, first contact the other party to see if they agree. Then file a written request with the AHC. Your request for a continuance must be in writing, and state if you have contacted the other party and whether they agree to reschedule. You always send a copy of your request to the other party as well as to the AHC. The AHC will then make a decision as to whether there is a good reason for the delay and may reschedule to another date.
Generally, the AHC takes evidence-usually documents and the testimony of witnesses-at a hearing in Jefferson City. It tries to keep the process informal, but the law requires a certain degree of formality, such as rulings on evidence. The AHC does not review any previous agency procedure for error; it starts afresh, deciding what the facts are, applying the law, and issuing a decision in writing.
Yes, if the parties agree on the facts, or if one party establishes all the facts the AHC needs to decide the case (usually by affidavit), and no one disputes them (usually by counter-affidavit), there may be no hearing. Even to decide the case without a hearing, the AHC will still need affidavits or other evidence that is admissible under the law.

Division 15 - Administrative Hearing Commission

You can subpoena witnesses or documents to make sure that they are available at the hearing. A subpoena is an order from the AHC that requires witnesses to attend hearings or to produce documents. Call the AHC to obtain subpoena forms. Once you obtain the subpoena, it is your job to complete the forms with the witnesses name and address and to have the subpoena served on the witnesses or person who has the documents in order to require them to be present at the hearing. The subpoena must be served on the witness by a sheriff or an adult who is not a party to the case and you will need to pay that witness a fee, plus round trip mileage. For more information, see §536.077 and Chapter 491 of the Missouri Revised Statutes.

Yes. Parties who would like to use telepresence or videoconferencing at the hearing must make a request at the earliest possible opportunity before the hearing date. The availability of the equipment will be processed on a first-come, first-serve basis. Requests can be directed to 573-522-5036.

In St. Louis, telepresence is located at the Wainwright State Office Building, 111 North 7th Street, Room 923, St. Louis, Mo. You must report to Room 111 of the Wainwright Building to obtain an access card.

In Kansas City, telepresence is located at the Fletcher Daniels State Office Building, 615 E. 13th Street, Room 503, Kansas City, Mo.

In Springfield, telepresence is located at the Landers State Office Building, 149 Park Central Square, Room 816, Springfield, Mo.

In Poplar Bluff, telepresence is located at the Poplar Bluff Regional Center, 2351 Kanell Boulevard, Room 160, Poplar Bluff, Mo.

An administrative hearing is like a trial, but less formal. Before the hearing, each party may make an opening statement to tell the AHC what the party believes the evidence will show. Then, evidence is presented by each party, either as sworn testimony of witnesses or documents. It is your job to show to the AHC what you believe happened by having good supporting witnesses and documents. At the end of the hearing, the AHC will set a schedule for the parties to file written arguments. The AHC will then review all the evidence and issue a decision in writing. Your hearing will be held in a courtroom or may be held via telepresence or videoconferencing. Courtroom Information.
  • Be prepared to present your side of your case including asking witnesses questions.
  • Bring everything you need to the hearing, including copies of the papers you have sent or received. If you want a document to be considered by the AHC, you must bring a copy for yourself, for the other party, for the witness and for the AHC.
  • Do not miss your hearing date. Doing so can result in you losing your case.
  • Come early to find parking and the courtroom. When you arrive inside the building, call 573-751-2422 to obtain access to the elevator that will take you to the 3d floor for your hearing.
  • Dress and act respectfully to everyone.
  • Speak loudly and clearly. Only one person can speak at a time.
  • Stop if you hear “Objection,” until the Commissioner asks you to continue.
  • Do not bring young children to the hearing unless asked to do so.
  • Do not eat food or chew gum.
  • Do not keep your cell phone turned on.
  • Once the case starts, do not leave the courtroom unless excused. If you need a break, ask the Commissioner for a recess or break.

The following technology is available for use in our Jefferson City hearing rooms:

  • Telephone
  • Television
  • Projection Screen
  • VCR/DVD player
  • Large TV Monitor for Laptop Connection with HDMI and/or VGA
  • Easel
  • Barco ClickShare* for sharing exhibits via telepresence and on the monitor in the hearing room - If you would like to use any of the listed technologies, please call the AHC at 573-751-2422 to make a request. You must make your request prior to your hearing.
    Parties who would like to use telepresence or video conferencing for hearings must make a request at the earliest possible opportunity prior to the hearing date. The availability of the equipment will be processed on a first-come, first-serve basis. Requests can be directed to 573-522-5036.

Barco ClickShare Software Installation Instructions

Instructions on using the ClickShare Button

Barco Clickshare website for software download.

Additional informational video from Barco ClickShare

 

AHC decisions are available through the Case Search portal, from the AHC’s office, at several law schools in the State and online through Westlaw and Lexis.

Decisions from October 5, 1999 through April 30, 2015 are available on the AHC’s website under Archived Search, Archived Decisions. At this location you can search for a decision by Case Number, Suffix, Date (or Date Range) or Title.

The AHC’s Legal Counsel can answer general procedural questions at ahc@oa.mo.gov, 573-751-2422, or please see Representing Yourself before the AHC.