§ 643.120 — Commission shall act upon request — decision rendered, when — action to compel completion of proceedings.

Missouri § 643.120

• Jurisdiction: Missouri
• Title XL: ADDITIONAL EXECUTIVE DEPARTMENTS
• Ch. 643: Air Conservation

Text

The commission shall promptly act upon any request for a hearing or appeal which is filed pursuant to the provisions of this chapter.  The commission shall cause a hearing to be set within sixty days of a request for hearing or appeal.  The record, which shall consist of a transcript of all testimony taken, all exhibits, final arguments or briefs of the parties and recommended findings of fact and conclusions of law if required of a designated commission member or hearing officer pursuant to subsection 3 of section 643.100 , shall be submitted to the commission within sixty days after the hearing.  The commission shall render a decision within sixty days after the submission of the record.  The time limitations in this section may be shortened or enlarged by consent of the parties and the commission as justice may require.  A party aggrieved by unreasonable delay on the part of the commission or member or hearing officer designated to conduct the proceedings may file an action in the circuit court of Cole County to compel the completion of the administrative proceedings and a final decision by the commission and to recover from the commission all attorney fees reasonably incurred as a result of the delay.

Legislative History

(L. 1965 p. 335 § 11, A.L. 1972 H.B. 1184, A.L. 1988 H.B. 1187, A.L. 1992 S.B. 544)