7 CSR 10-4.010 - Administrative Review of Denial of Eligibility Or Amount of Relocation Assistance Benefits
PURPOSE: This amendment provides a uniform system for administrative review of final department determinations as to the eligibility for relocation assistance payments, the amount of relocation assistance payments, or both.
(1) Request for
Administrative Review. Any person aggrieved by a final district determination
as to eligibility for, the amount of a relocation assistance payment, or both,
is entitled to administrative review of the determination by filing a written
request for hearing with the district engineer.
(A) Receipt Deadline. The request for hearing
must be received by the district engineer within sixty (60) days after receipt
by the applicant of the written notice of relocation claim rejection from the
district engineer.
(B) Application.
To be sufficient to authorize administrative review, the applicant's written
request for hearing shall identify the person requesting the hearing , state
that such person is eligible for a relocation assistance payment, and request
that a relocation assistance payment in a specific amount be made to such
person.
(C) Answer. No answer or
response by the department is necessary. Upon receipt of a request for hearing,
the district engineer immediately shall forward the request along with a copy
of the district engineer's written notice of relocation claim rejection to the
commission's chief counsel. The chief counsel shall acknowledge receipt of the
request and assign counsel as the commission's hearing examiner and department
counsel, respectively, to the hearing.
(2) Untimely Request for Administrative
Review. Untimely requests for hearing shall result in the appeal board having
no jurisdiction to hear the request. As a result, the commission's hearing
examiner shall issue an order that dismisses the applicant's request and notify
the applicant or counsel for applicant and department counsel in writing by
certified mail, return receipt requested of the order.
(3) Hearing Officer. The hearing examiner
will conduct the hearing as provided in Chapter 536, RSMo and this rule,
including, but not limited to, ruling on all discovery matters, objections, and
motions, and having the hearing record transcribed.
(4) Notice of Hearing. The hearing examiner
shall give written notice of the date of the hearing to the applicant or
counsel for applicant and counsel for the department, and the hearing date will
be not less than fifteen (15) days from the date of the notice. In instances
where more than one (1) request for hearing is received from the same
applicant, the hearing examiner may consolidate the cases. Either party may
request that the hearing examiner grant a continuance. All hearings will be
held at the Missouri Department of Transportation Building, 105 W. Capitol
Avenue, Jefferson City, MO 65102.
(5) Discovery. Any party may conduct any
method of discovery authorized in Chapter 536, RSMo.
(6) Subpoenas. Witnesses may be summoned to
appear to give testimony or to give testimony and produce documents from a
subpoena or subpoena duces tecum issued by the hearing examiner as authorized
under section
536.077,
RSMo.
(7) Hearing. There are only
two (2) ultimate issues in a relocation assistance case-eligibility of the
applicant for a relocation assistance payment and the amount of the payment.
The applicant presents evidence first at the hearing in support of the
applicant's claim for relocation assistance benefits. Then the department
presents its evidence. The parties may make closing arguments before conclusion
of the hearing. Any party may file a written brief and the hearing examiner may
request any party to file a written brief, suggested findings of fact and
conclusions of law, or both, within the time set by the hearing
examiner.
(8) Record. Any party may
obtain a copy of the transcript of the hearing at that party's
expense.
(9) Report and Order. The
hearing examiner shall submit to the appeal board a copy of the record along
with a proposed report and order.
(10) Final Decision of the Appeal Board. The
commission delegates to and vests its final authority to determine relocation
assistance claims in an appeal board which consists of the chief engineer or a
designated assistant, the assistant to the state design engineer right-of-way
or a designated assistant and the chief counsel or a designated counsel that
did not serve as the hearing examiner at the hearing. The board shall render a
final decision by a majority vote with each board member having one (1) vote.
The appeal board's decision shall be the final decision of the
commission.
(11) Conflict With
Other Administrative Rules. The provisions of this rule supersede any
inconsistent provisions in
7 CSR
10-4.020.
Notes
*Original authority: 226.150, RSMo 1939, amended 1977 and 523.210, RSMo 1971.
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