Refusal, revocation or suspension of occupationlicense--procedure--appeal, standard of review.
313.650. 1. In the event the commission, for violation ofthe provisions of sections 313.500 to 313.710 or the rules andregulations of the commission or other just cause, refuses,revokes or suspends an occupation license, or the stewards atany race meeting suspends an occupation license, then theoccupation license of the person shall be suspended pending ahearing of the commission.
2. The commission's hearings practice and procedure are asprovided in the commission's rules.
3. All decisions, orders, or findings issued by anysteward may be appealed to the commission. The provisions ofchapter 536, RSMo, except those provisions in conflict withsections 313.500 to 313.710, any rule promulgated by thecommission, or any civil rule hereafter adopted whichsupercedes an applicable provision of chapter 536, RSMo, shallapply to and govern the proceedings of the commission.
4. Final decisions of the commission shall be subject tojudicial review pursuant to a petition filed in the circuitcourt in the county in which the hearing is held, and bydelivery of copies of the petition to each party of record,within thirty days after the mailing or delivery of the finaldecision and notice thereof in such a case. Review under thissection shall be exclusive, and decisions of the commissionreviewable under this section shall not be reviewable in anyother proceeding, and no other official or court shall havepower to review any such decision by an action in the nature ofmandamus or otherwise except under the provisions of thissection or on appeal. The party seeking review shall beresponsible for the filing of the transcript and record of allproceedings before the commission with the appropriateappellate court. The final decision of the commission shall beaffirmed, unless there is no substantial evidence to supportit, it is against the weight of the evidence, it erroneouslydeclares the law, or it erroneously applies the law.
Refusal, revocation or suspension of occupationlicense--procedure--appeal, standard of review.
313.650. 1. In the event the commission, for violation ofthe provisions of sections 313.500 to 313.710 or the rules andregulations of the commission or other just cause, refuses,revokes or suspends an occupation license, or the stewards atany race meeting suspends an occupation license, then theoccupation license of the person shall be suspended pending ahearing of the commission.
2. The commission's hearings practice and procedure are asprovided in the commission's rules.
3. All decisions, orders, or findings issued by anysteward may be appealed to the commission. The provisions ofchapter 536, RSMo, except those provisions in conflict withsections 313.500 to 313.710, any rule promulgated by thecommission, or any civil rule hereafter adopted whichsupercedes an applicable provision of chapter 536, RSMo, shallapply to and govern the proceedings of the commission.
4. Final decisions of the commission shall be subject tojudicial review pursuant to a petition filed in the circuitcourt in the county in which the hearing is held, and bydelivery of copies of the petition to each party of record,within thirty days after the mailing or delivery of the finaldecision and notice thereof in such a case. Review under thissection shall be exclusive, and decisions of the commissionreviewable under this section shall not be reviewable in anyother proceeding, and no other official or court shall havepower to review any such decision by an action in the nature ofmandamus or otherwise except under the provisions of thissection or on appeal. The party seeking review shall beresponsible for the filing of the transcript and record of allproceedings before the commission with the appropriateappellate court. The final decision of the commission shall beaffirmed, unless there is no substantial evidence to supportit, it is against the weight of the evidence, it erroneouslydeclares the law, or it erroneously applies the law.
Refusal, revocation or suspension of occupationlicense--procedure--appeal, standard of review.
313.650. 1. In the event the commission, for violation ofthe provisions of sections 313.500 to 313.710 or the rules andregulations of the commission or other just cause, refuses,revokes or suspends an occupation license, or the stewards atany race meeting suspends an occupation license, then theoccupation license of the person shall be suspended pending ahearing of the commission.
2. The commission's hearings practice and procedure are asprovided in the commission's rules.
3. All decisions, orders, or findings issued by anysteward may be appealed to the commission. The provisions ofchapter 536, RSMo, except those provisions in conflict withsections 313.500 to 313.710, any rule promulgated by thecommission, or any civil rule hereafter adopted whichsupercedes an applicable provision of chapter 536, RSMo, shallapply to and govern the proceedings of the commission.
4. Final decisions of the commission shall be subject tojudicial review pursuant to a petition filed in the circuitcourt in the county in which the hearing is held, and bydelivery of copies of the petition to each party of record,within thirty days after the mailing or delivery of the finaldecision and notice thereof in such a case. Review under thissection shall be exclusive, and decisions of the commissionreviewable under this section shall not be reviewable in anyother proceeding, and no other official or court shall havepower to review any such decision by an action in the nature ofmandamus or otherwise except under the provisions of thissection or on appeal. The party seeking review shall beresponsible for the filing of the transcript and record of allproceedings before the commission with the appropriateappellate court. The final decision of the commission shall beaffirmed, unless there is no substantial evidence to supportit, it is against the weight of the evidence, it erroneouslydeclares the law, or it erroneously applies the law.
