Administrative procedure, notice of intent, summary order, notice,hearing.
409.843. 1. The commissioner shall commence anadministrative proceeding under sections 409.800 to 409.863 byentering either a notice of intent to do a contemplated act or asummary order. The notice of intent or summary order may beentered without notice, without opportunity for hearing, and neednot be supported by findings of fact or conclusions of law, butmust be in writing. Upon entry of a notice of intent or summaryorder, the commissioner shall promptly notify all interestedparties that the notice or summary order has been entered and thereasons therefor. If the proceeding is pursuant to a notice ofintent, the commissioner shall inform all interested parties ofthe date, time, and place set for the hearing on the notice. Ifthe proceeding is pursuant to a summary order, the commissionershall inform all interested parties that they have thirtybusiness days from the entry of the order to file a writtenrequest for a hearing on the matter with the commissioner andthat the hearing will be scheduled to commence within thirtybusiness days after the receipt of the written request.
2. If a proceeding is initiated under this section pursuantto a summary order, the commissioner, whether or not a writtenrequest for a hearing is received from any interested party, mayset the matter down for hearing on the commissioner's own motion.
3. If no hearing is requested and none is ordered by thecommissioner, a summary order issued under this section shallautomatically become a final order after thirty business days.
4. If a hearing is requested or ordered under this section,the commissioner, after notice of, and opportunity for, hearingto all interested persons, may modify or vacate the order orextend it until final determination. No final order or orderafter hearing may be returned without:
(1) Appropriate notice to all interested persons;
(2) Opportunity for hearing by all interested persons; and
(3) Entry of written findings of fact and conclusions oflaw.
5. Every hearing in an administrative proceeding undersections 409.800 to 409.863 shall be public unless thecommissioner grants a request joined in by all the respondentsthat the hearing be conducted privately.
Administrative procedure, notice of intent, summary order, notice,hearing.
409.843. 1. The commissioner shall commence anadministrative proceeding under sections 409.800 to 409.863 byentering either a notice of intent to do a contemplated act or asummary order. The notice of intent or summary order may beentered without notice, without opportunity for hearing, and neednot be supported by findings of fact or conclusions of law, butmust be in writing. Upon entry of a notice of intent or summaryorder, the commissioner shall promptly notify all interestedparties that the notice or summary order has been entered and thereasons therefor. If the proceeding is pursuant to a notice ofintent, the commissioner shall inform all interested parties ofthe date, time, and place set for the hearing on the notice. Ifthe proceeding is pursuant to a summary order, the commissionershall inform all interested parties that they have thirtybusiness days from the entry of the order to file a writtenrequest for a hearing on the matter with the commissioner andthat the hearing will be scheduled to commence within thirtybusiness days after the receipt of the written request.
2. If a proceeding is initiated under this section pursuantto a summary order, the commissioner, whether or not a writtenrequest for a hearing is received from any interested party, mayset the matter down for hearing on the commissioner's own motion.
3. If no hearing is requested and none is ordered by thecommissioner, a summary order issued under this section shallautomatically become a final order after thirty business days.
4. If a hearing is requested or ordered under this section,the commissioner, after notice of, and opportunity for, hearingto all interested persons, may modify or vacate the order orextend it until final determination. No final order or orderafter hearing may be returned without:
(1) Appropriate notice to all interested persons;
(2) Opportunity for hearing by all interested persons; and
(3) Entry of written findings of fact and conclusions oflaw.
5. Every hearing in an administrative proceeding undersections 409.800 to 409.863 shall be public unless thecommissioner grants a request joined in by all the respondentsthat the hearing be conducted privately.
Administrative procedure, notice of intent, summary order, notice,hearing.
409.843. 1. The commissioner shall commence anadministrative proceeding under sections 409.800 to 409.863 byentering either a notice of intent to do a contemplated act or asummary order. The notice of intent or summary order may beentered without notice, without opportunity for hearing, and neednot be supported by findings of fact or conclusions of law, butmust be in writing. Upon entry of a notice of intent or summaryorder, the commissioner shall promptly notify all interestedparties that the notice or summary order has been entered and thereasons therefor. If the proceeding is pursuant to a notice ofintent, the commissioner shall inform all interested parties ofthe date, time, and place set for the hearing on the notice. Ifthe proceeding is pursuant to a summary order, the commissionershall inform all interested parties that they have thirtybusiness days from the entry of the order to file a writtenrequest for a hearing on the matter with the commissioner andthat the hearing will be scheduled to commence within thirtybusiness days after the receipt of the written request.
2. If a proceeding is initiated under this section pursuantto a summary order, the commissioner, whether or not a writtenrequest for a hearing is received from any interested party, mayset the matter down for hearing on the commissioner's own motion.
3. If no hearing is requested and none is ordered by thecommissioner, a summary order issued under this section shallautomatically become a final order after thirty business days.
4. If a hearing is requested or ordered under this section,the commissioner, after notice of, and opportunity for, hearingto all interested persons, may modify or vacate the order orextend it until final determination. No final order or orderafter hearing may be returned without:
(1) Appropriate notice to all interested persons;
(2) Opportunity for hearing by all interested persons; and
(3) Entry of written findings of fact and conclusions oflaw.
5. Every hearing in an administrative proceeding undersections 409.800 to 409.863 shall be public unless thecommissioner grants a request joined in by all the respondentsthat the hearing be conducted privately.
