Tag Archive for: Missouri and Kansas Professional Licensing Attorney

ouri and Kansas Professional Licensing Attorney Explains The Rules When Appearing Before The Administrative Hearings Commission

A licensing professional disciplined by the agency that issued the discipline has the right to appeal that decision. In Missouri, an aggrieved licensee must appeal that decision to Missouri’s Administrative Hearings Commission (AHC). Several procedural rules govern hearings before the AHC. A party appearing before the AHC must know, or at least be familiar with, the AHC’s procedural rules. Failure to know and follow the procedural rules may cause you to lose your appeal. The best option for an aggrieved licensee is to hire an experienced attorney who has vast experience appearing before the AHC. Missouri professional licensing attorney Danielle Sanger has the necessary experience you need when appealing an adverse decision by a licensing agency.

An administrative law judge decides appeals before the AHC. The administrative law judge is also called a commissioner. The commissioner is an attorney licensed to practice law in Missouri. The commissioner is an impartial arbiter of the case. The commissioner is responsible for the progress of the appeal through the hearings process. That process begins with a complaint. The aggrieved party files the complaint with the AHC and serves the state agency responsible for the issuing professional discipline. The state agency, represented by attorneys for the State, then have the chance to file an answer to the complaint. The respondent must file an answer to the complaint within 30 days from the date when they received the complaint.

After a party responds to the complaint, a party can file motions. The party filing motions must serve them upon the opposing party. A motion is a pleading that asks the commissioner to make a ruling on issues such as issuing subpoenas to witnesses, ordering parties to answer discovery requests, or to produce evidence. Discovery may consist of written questions called interrogatories, requests for admissions, and taking depositions. The commissioner has the obligation to decide the pre-trial motions and issue rulings to the parties.

Once the period for discovery and other motions elapses then, the commissioner schedules a final hearing. The commissioner has the obligation to conduct the hearing fairly and decide the issues based on the evidence presented by the parties. The commissioner listens to the testimony of the witnesses and evaluates their credibility. The commissioner also analyzes the exhibits admitted into evidence. The parties can, if they wish, file a stipulation of facts. The commissioner will decide the case based upon the testimony and exhibits or the stipulation of facts.

The person aggrieved by a decision of the agency has the Constitution right to a fair hearing.  The commissioner must preserve those rights. A fair hearing means that the aggrieved party has an opportunity to be heard, to compel witnesses to testify on their behalf, and to cross-examine a witness who testifies against the aggrieved party.  Following these Constitutional mandates ensures the hearing and the commissioner’s decision is fairly decided.

The petitioner has the burden of proof in an AHC hearing. That means the person who filed the complaint must prove to the commissioner that the licensing authority wrongfully disciplined the licensee.  The licensee must produce evidence and witnesses at the hearing. The state agency has the right to respond and offer witnesses and evidence as well.  At the conclusion of the hearing, the commissioner can issue a bench decision. A bench decision is announced by the commissioner at the end of the hearing while the parties are present. If the parties wish, they can request a memorandum decision. The commissioner authors the memorandum decision. The memorandum contains the commissioner’s findings of facts and rulings of law.

Call An Experienced Missouri Professional Licensing Attorney If You Must Appear Before The AHC

Missouri and Kansas Professional Licensing Attorney Danielle Sanger has the experience you need to prove a licensing authority aggrieved you. Call attorney Danielle Sanger today at 785-979-4353 to schedule your free initial consultation. Do not hesitate. Getting Attorney Sanger on your side early in your case exponentially increases your chances of success.