Frequently Asked Questions

A state agency decision or notice was issued against me. Where do I send my written appeal?

If I disagree with or I want to appeal a state agency-issued decision, order or notice I received, how do I appeal?

To appeal to the AHC, the request for review (called a complaint, appeal, or petition) must be submitted in writing. The AHC accepts filings by:

Please note that documents faxed or electronically filed that are received after 5:00 p.m. will be deemed filed the next business day. Similarly, faxes or electronic filings received on a weekend or legal holiday (e.g., when state offices are closed) will be deemed filed the next business day.

If you wish to file an appeal with the AHC, of a decision, order, or notice issued by a state agency, you may but are not required to use this Complaint Template, provided as a courtesy.

*A complaint filed by any person other than a state agency should include a copy of the agency decision, order, or notice you wish to appeal. 

Email is NOT an acceptable method for filing a document with the AHC.

Where to mail or fax your appeal:

Mailing address for the filing appeal via the United States Postal Service:
Administrative Hearing Commission
P.O. Box 1557
Jefferson City, MO 65102

Physical address for the filing appeal via FedEx, UPS or other carrier:
United States Post Office Building
131 West High Street, Third Floor
Jefferson City, MO 65102

Fax number: (573) 751-5018

What do I include in my written appeal?

Your written appeal should include:

  • Your name, address, and telephone number. Also include your email address, if you consent to receiving filings by email;
  • Detailed facts in numbered paragraphs explaining why you are appealing, what relief you are seeking, and why the relief should be granted;
  • Laws that support your case, if known;
  • A copy of the agency decision, order, or notice you wish to appeal.

If you filed your appeal electronically or by fax and the appeal is more than 75 pages, please send a courtesy paper copy to the AHC by mail.

Our booklet, ” Representing Yourself Before The Administrative Hearing Commission,” may be of assistance.

*A complaint filed by any person other than a state agency should include a copy of the agency decision, order, or notice you wish to appeal. 

There is no filing fee for filing an appeal, except for motor vehicle franchise cases.

If you wish to file an appeal with the AHC, of a decision, order, or notice issued by a state agency, you may but are not required to use this Complaint Template, provided as a courtesy.

Is there a deadline for my appeal?

Yes, there is a deadline to file a complaint or appeal in most cases before the AHC. The deadline for filing an appeal is usually located on the state agency’s decision, order, or notice. If the decision, order, or notice does not contain a clear deadline, consult the statute(s) cited in the letter. Make sure to distinguish between when the decision was received and when it was mailed. Usually the time to file an appeal starts from the date the decision was mailed, NOT the day you received it.  

Your written appeal should include:

  • Your name, address, telephone number, and email address;
  • Detailed facts in numbered paragraphs explaining why you are appealing, what relief you are seeking, and why the relief should be granted;
  • Laws that support your case;
  • A copy of the agency decision, order, or notice of the action you wish to appeal.

If you filed your appeal electronically or by fax and the appeal is more than 75 pages, please send a courtesy paper copy to the AHC by mail.

Our booklet, ” Representing Yourself Before The Administrative Hearing Commission,” may be of assistance.

There is no filing fee for filing an appeal, except for motor vehicle franchise cases.

*A complaint filed by any person other than a state agency should include a copy of the agency decision, order, or notice you wish to appeal. 

What happens after I file an appeal?

Once your appeal is received by the AHC, a case will be opened and assigned a case number. A Notice of Complaint will be sent to you and the state agency that issued the decision, order, or notice against you.

The Notice of Complaint gives you the case name and number and alerts you that a case has been opened on your behalf. No action is needed from you at this point.

Once the Notice of Complaint is sent to the state agency, the agency generally has 30 days to file an answer and should send a copy to you. The state agency may also file a motion that will require a response from you.  If a motion is filed, the AHC may issue an objection letter providing you a date when your response to the motion must be filed with the AHC.

Depending on the type of case, a Notice of Hearing may also be sent with the Notice of Complaint. Please read all instructions in the Notice of Complaint and Notice of Hearing carefully.

If you believe that a settlement between you and the state agency is possible, you can attempt to contact the state agency’s attorney.

I received a Notice of Complaint! What do I do now?

If you are named as the Respondent on the Notice of Complaint, carefully read the complaint. You have 30 days to file an answer to the complaint in writing to the AHC. Please refer to the correspondence you received from the state agency for the filing deadline. The answer should admit, deny, or state lack of knowledge to all the allegations made in each paragraph of the complaint. You must file the answer with the AHC and send a copy to the Petitioner’s attorney.

If you are named as the Petitioner, no action is required at this time. The AHC has already sent a copy of your complaint and the notice to the state agency.

If you are the Respondent and an individual person, you can represent yourself before the AHC. You may also hire an attorney at your own expense.

If either party is a legal entity, such as a corporation (including a single-shareholder corporation) or limited liability company, that party is REQUIRED by law to have an attorney.

If you believe that a settlement between you and the opposing party is possible, you can attempt to contact that party’s attorney.

Our booklet, ” Representing Yourself Before The Administrative Hearing Commission,” may be of assistance.

The ” Regulations Governing Administrative Hearing Commission Cases” may also be of assistance. Specifically review 1 CSR 15-3.380 for more information on filing Answers and other responsive pleadings, and 1 CSR 15-3.425 for more information on failing to file an answer.

How do I know what rules to follow?

General procedures before the AHC may be found in Chapter 536 of the Revised Statutes of Missouri (RSMo) and Chapter 621 RSMo and in our Regulations Governing Administrative. Depending on the type of case, other statutes and regulations may apply to your case.

How do I file something with the AHC?

The AHC accepts filings by:

Please note that documents faxed or electronically filed that are received after 5 p.m. will be deemed filed the next business day. Faxes or electronic filings received on a weekend or legal holiday will be deemed filed the next business day.

Filings may be sent to:

     Administrative Hearing Commission (or AHC)

     Mailing Address: P.O. Box 1557, Jefferson City, MO 65102-1557

     Address for filing via FedEx, UPS or other carrier:

     United States Post Office Building
     131 West High Street, Third Floor
     Jefferson City, MO 65101

     Fax number: (573) 751-5018

E-mail is NOT an acceptable method for filing a document with the AHC.

Except for the original appeal or complaint, all documents filed with the AHC should:

  • Include the case name and number; your name, address, and email address; and
  • Be sent to the opposing party or, if the opposing party is represented, to their attorney.
Do I need an attorney?

Any person may file an appeal for another person or legal entity. After the appeal is filed:

  • Any individual (not a business entity) can present his/her/their own case before the AHC.
  • Any individual may hire an attorney at his/her/their own expense. The AHC will not appoint an attorney. For help finding an attorney, visit MoBar.
  • Legal entities, such as corporations (including single shareholder corporations) and limited liability companies, are REQUIRED by law to have an attorney. After the initial complaint is filed with the AHC, ANY FURTHER ACTION in the case on behalf of the legal entity, such as filing a document or appearing at a hearing, MUST be through an attorney licensed in Missouri, except:
  • An attorney not licensed to practice in Missouri may file a motion to appear pro hac vice, in accordance with Missouri Supreme Court Rules 6.01 and 9.03.

Accountants, CPAs, and tax consultants who are not licensed attorneys may NOT represent an individual or business entity before the Commission.

Please be aware that the state agency involved in your case will be represented by an attorney.

What if I Need an Extension of Time?

In the event that additional time is needed to file a document with the AHC, a party can file a Motion for Extension of Time. The party requesting the extension should contact the opposing party (if they are represented, contact their attorney) and ask if they consent to an extension.

The request shall be made in writing in the form of a motion and submitted to the AHC. The motion shall describe the type of document being filed, explain the reason an extension of time is being requested, and state whether the opposing party consents to the extension and how much time is needed to file the document. Send a copy to the opposing party.

I received a Notice of Pre-hearing Conference. Do I have to participate?

Yes. Not participating in the conference may cause the case to be dismissed or other negative consequences.

A pre-hearing conference may be scheduled at the AHC’s initiative or may be requested by a party. The conference will usually be held by telephone. The conference is held between the parties and the assigned Commissioner. During the conference the parties may make scheduling requests, clarify the issues that need to be heard, and discuss any other pertinent matters, including specific issues identified in the pre-hearing conference order issued with the notice.

What if a hearing or pre-hearing conference is scheduled at a time when I cannot participate?

If a party cannot attend a scheduled hearing or pre-hearing conference, the party may file a Motion for Continuance.

This request MUST be filed in writing with the AHC by fax, mail, or electronic filing. E-mail is NOT an acceptable method for filing a document with the AHC. The motion shall contain the current date of the hearing, the reason a continuance is being requested, how much time is needed to reschedule a new hearing, and state whether the opposing party consents to the continuance.

You must serve the motion for continuance on the opposing party (if represented, on their counsel). Please file your motion for continuance as soon as you are aware of a conflict with the hearing date.

What should I expect at the hearing?

In an administrative hearing, there will be an Administrative Law Judge (Commissioner), the Petitioner, the Respondent, an attorney for the state agency, witnesses for either party, and a court reporter. The Commissioner will call the case and the parties will be identified.

Both the Petitioner and the Respondent may make an opening statement. During the opening statement a party may give a short overview of what the case is about. This is only an overview. Nothing said during an opening statement is considered testimony or evidence.

After the opening statement, evidence is presented or testimony is heard from witnesses. The court reporter or Commissioner will administer an oath to each witness. Parties should ensure that documents offered as evidence are relevant to the case and have been authenticated. Both parties will have the opportunity to cross-examine the opposing party’s witnesses.

After all evidence is heard, the parties may make closing arguments. Closing arguments summarize each party’s position.

When the hearing is concluded, the Commissioner may set a schedule for the parties to file written arguments (sometimes called proposed findings of fact, conclusions of law, and briefs). In these written arguments parties cite the evidence from the hearing, and the law supporting their position. For parties representing themselves, this written argument can be in the form of a letter.

After all written arguments are filed, the Commissioner will review the evidence and issue a decision in writing.

Hearings may be held in person at the Jefferson City location or via WebEx. The hearing notice will have information regarding how and where a party may appear via WebEx for the hearing.

Tips for a successful hearing:

  • Be prepared to present your side of the case. This includes being prepared to ask questions of the witnesses. You may wish to have a list of questions prepared before the hearing.
  • Before the hearing date check the hearing notice or other documents for information regarding exhibits. Exhibits are documents prepared to give evidence to support a party’s position. The Notice of Hearing usually describes when you must exchange exhibits with the other party.
  • You must submit a copy of your exhibits to the AHC at least 24 hours before the hearing.
  • Parties are generally required to submit exhibits to the opposing party at least 24 hours in advance of the hearing.
  • Contact the AHC if you have any questions regarding the exchange or submission of exhibits.
  • Make sure to arrive early. Allow ample time for parking. Parking is limited at the Jefferson City location.
  • If you would like to attend the hearing by WebEx at one of the state office buildings in St. Louis, Kansas City, Springfield, or Poplar Bluff, please contact the AHC for information.
  • If you plan to attend your hearing via WebEx at your own location, please make sure your laptop or other device is camera accessible. If you need help setting this up, please contact our office prior to the date of your hearing in order to ensure you are ready to proceed at the time and date of your scheduled hearing.
  • If you are attending the hearing at the AHC in Jefferson City, once inside the building, either call 573-751-2422 or use the intercom by the elevator for access to the third floor. A staff member will escort you to the appropriate hearing room.
  • Dress and act respectfully.
  • Turn off all cell phones or place them on silent.
  • A court reporter, who will be typing every spoken word, will be present during the hearing. Speak clearly and loudly. Answer each question audibly; shaking or nodding of the head may not be recorded by the court reporter.
  • Stop speaking if you hear “Objection”. It is important to wait for the Commissioner to tell you to continue. You may also make objections during the hearing.
  • Be patient if there are technology issues during the hearing.
  • If you lose contact during a virtual hearing, try to re-access the WebEx. Contact the AHC at 573-751-2422 if you have technical difficulties.

DO NOT:

  • Miss the hearing date. If a party cannot attend the day of the scheduled hearing, that party must file a Motion for Continuance with the AHC to continue the hearing. You must file the motion for continuance as soon as the party knows the date will not work. Missing the hearing date may result in loss of the case.
  • Chew gum or eat food during the hearing.
  • Bring children to the hearing.
  • Use cell phones during the hearing (unless you are using your phone to access the hearing).
  • Leave the hearing or hearing room unless excused by the Commissioner. If a break is needed, ask the Commissioner for a recess.
  • Use words like “uh-huh” or “huh-uh”; instead, answer out loud “yes” or “no.”
  • Shake or nod your head in response to a question.
  • Speak while another person is speaking. Only one person may speak at a time.
What if I don’t have all the documents I need for the hearing and some witnesses won’t agree to come to the hearing?

Either party may subpoena witnesses to make sure they are available for a scheduled hearing. A subpoena is an order from the AHC that requires witnesses to attend a scheduled hearing.

Either party may subpoena documents for a hearing. A subpoena duces tecum is an order from the AHC that requires individuals to appear for a scheduled hearing and bring certain documents.

You may contact the AHC to obtain a subpoena form. Complete the form and return it to the AHC to be signed by the appropriate staff member or Commissioner. Once a subpoena is signed by the AHC, the person requesting the subpoena must ensure that the witness’ name and address are correct.

The subpoena must be served on the witness by a sheriff or an adult that is not a party to the case. The AHC is NOT responsible for having the subpoena served. The return of the service of the subpoena should be filed with the AHC. Also be aware that the witness is entitled to compensation for their attendance as well as round-trip mileage. These fees are the responsibility of the person having the subpoena served and should be served with the subpoena.

For more information on subpoenas generally and compensating witnesses, see Section 536.077 and Section 491.280 of the Missouri Revised Statutes.

What AHC Staff CAN and CANNOT Do:
  • We CAN explain and answer general questions about how the AHC works.
  • We CAN give you some information regarding your case.
  • We CAN direct you to forms and general information on our website.
  • We CAN answer questions about certain deadlines and hearing dates after a case is filed.
  • We CANNOT give legal advice. Only a licensed attorney can give legal advice.
  • We CANNOT tell you your appeal deadline.
  • We CANNOT tell you how to proceed.
  • We CANNOT give an opinion on the outcome of the case.
  • We CANNOT recommend an attorney.
  • We CANNOT talk to the Commissioner for you regarding your case.
  • We CANNOT let you talk to the Commissioner outside of a pre-hearing conference or hearing.
  • We CANNOT change an order issued by a Commissioner.
How does the AHC decide my case?

When a new complaint or appeal is filed with the AHC, a case is opened and a case number is assigned. The case is then assigned to a Commissioner. A case may be decided based upon the filing of a dispositive motion, which may rely solely upon the complaint, the parties’ pleadings, or admissible documentary evidence. Both parties have the opportunity to request information and documents through discovery.

If the case goes to hearing, both parties will have an opportunity to offer evidence in the form of authenticated documents or testimony. After the hearing, the parties may file briefs (written arguments), citing facts established from the hearing evidence to support their position or negate the opposing party’s case. In their briefs parties also provide analysis and cite to law that supports their case or negates the opposing party’s case. After the hearing and briefing, the Commissioner will consider the parties’ evidence and arguments and issue a decision.

The AHC tries to keep the process informal; but the law requires a certain degree of formality, such as rulings on evidence. In most of the cases before the AHC, the AHC will not review the previous agency’s procedure or decision for error; but, rather, the AHC steps into the shoes of the agency to remake the decision, based upon the evidence presented to the AHC and the relevant law. The Commissioner will issue a decision in writing.

What if I don’t agree with the Commission’s Decision?

If you do not agree with the AHC’s decision, you may file a motion with the AHC to reconsider the decision. In most cases before the AHC, the AHC has authority over a case for only 30 days after the decision is issued. A motion for reconsideration must be filed before the expiration of 30 days after the decision is issued.

If you do not agree with the decision issued by the AHC, you have the right to appeal to a higher tribunal. You MUST do this within 30 days from the date the decision is issued, NOT from the date you receive it. To which court you appeal is determined by the type of case, where you live, or where the state agency has its business office. Many, but not all, appeals of AHC decisions are governed by Sections 536.100 to 536.140 of the Revised Statutes of Missouri (RSMo). You may wish to consult an attorney regarding how, when, and where to file an appeal from the AHC’s decision.

Filing a motion for reconsideration with the AHC DOES NOT extend the 30-day deadline for filing an appeal.