Missouri Laws 302.530 – Request for administrative review, when made — temporary permit, duration — ..
1. Any person who has received a notice of suspension or revocation may make a request within fifteen days of receipt of the notice for a review of the department’s determination at a hearing. If the person’s driver’s license has not been previously surrendered, it may be surrendered at the time the request for a hearing is made.
2. At the time the request for a hearing is made, if it appears from the record that the person is the holder of a valid driver’s license issued by this state, and that the driver’s license has been surrendered, the department shall issue a temporary permit which shall be valid until the scheduled date for the hearing. The department may later issue an additional temporary permit or permits in order to stay the effective date of the suspension or revocation until the final order is issued following the hearing, as required by section 302.520.
Terms Used In Missouri Laws 302.530
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Circuit court: each circuit court in the state. See Missouri Laws 302.010
- Director: the director of revenue acting directly or through the director's authorized officers and agents. See Missouri Laws 302.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- License: a license issued by a state to a person which authorizes a person to operate a motor vehicle. See Missouri Laws 302.010
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Record: includes , but is not limited to, papers, documents, facsimile information, microphotographic process, electronically generated or electronically recorded information, digitized images, deposited or filed with the department of revenue. See Missouri Laws 302.010
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Vehicle: any mechanical device on wheels, designed primarily for use, or used on highways, except motorized bicycles, electric bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons. See Missouri Laws 302.010
3. The hearing may be held by telephone, or if requested by the person, such person’s attorney or representative, at a regional location as designated by the director. The hearing shall be conducted by examiners who are licensed to practice law in the state of Missouri and who are employed by the department on a part-time or full-time basis as the department may determine.
4. The sole issue at the hearing shall be whether by a preponderance of the evidence the person was driving a vehicle pursuant to the circumstances set out in section 302.505. The burden of proof shall be on the state to adduce such evidence. If the department finds the affirmative of this issue, the suspension or revocation order shall be sustained. If the department finds the negative of the issue, the suspension or revocation order shall be rescinded.
5. The procedure at such hearing shall be conducted in accordance with chapter 536, with sections 302.500 to 302.540. A report certified under subsection 2 of section 302.510 shall be admissible in a like manner as a verified report as evidence of the facts stated therein and any provision of chapter 536 to the contrary shall not apply.
6. The department shall promptly notify the person of its decision including the reasons for that decision. Such notification shall include a notice advising the person that the department’s decision shall be final within fifteen days from the date such notice was mailed unless the person challenges the department’s decision within that time period by filing an appeal in the circuit court in the county where the arrest occurred.
7. Unless the person, within fifteen days after being notified of the department’s decision, files an appeal for judicial review pursuant to section 302.535, the decision of the department shall be final.
8. The director may adopt any rules and regulations necessary to carry out the provisions of this section.