SB 403 Modifies provisions pertaining to the filing of appeals regarding decisions made by environmental commissions
Sponsor: Nieves
LR Number: 1882S.01I Fiscal Note: 1882-01N.ORG
Committee: Commerce, Consumer Protection, Energy and the Environment
Last Action: 5/13/2011 - S Formal Calendar S Bills for Perfection--SB 403-Nieves Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2011

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Current Bill Summary


SB 403 - Under current law, any party who is affected by a decision made by a state regulatory environmental commission may file an appeal with the Administrative Hearing Commission (AHC). The act modifies this provision by placing the condition that the party must be "aggrieved" or "adversely" affected by the decision in order to be able to file the appeal.

Under current law, the AHC has discretion as to whether or not it holds hearings on an appeal request. This act removes the discretion and, instead, requires the AHC to either hold hearings and make a recommended decision within 60 days of the date of the request or else make a recommended decision within the 60-day period based on stipulation of the parties, consent order, agreed settlement, disposition in the nature of default judgment, judgment on the pleadings, or summary determination.

The act requires the environmental commission for which an appeal has been made to the AHC to render its final decision on the matter within 90 days of the date of the appeal request.

The act prohibits a cause of action or court appeal of a decision made by an regulatory environmental commission unless the party has already filed an administrative appeal with the AHC and received a final decision on the appeal from the environmental commission.

The act specifies that any action seeking judicial review of a decision made by the Missouri Air Conservation Commission or the Clean Water Commission must be filed in a court of appeals instead of a circuit court.

This act is similar to provisions in TAT/SS/SCS/HCS/HB 89 (2011).

ERIKA JAQUES