259.140. Council hearings--notice--procedure.
Council hearings--notice--procedure.
259.140. 1. The council shall prescribe rules andregulations governing the practice and procedure before it.
2. No order, or amendment thereof, except in an emergency,shall be made by the council without a public hearing upon atleast ten days' notice. The public hearing shall be held at suchtime and place as may be prescribed by the council, and anyinterested person shall be entitled to be heard.
3. When an emergency requiring immediate action is found toexist the council is authorized to issue an emergency orderwithout notice of hearing, which shall be effective uponpromulgation. No emergency order shall remain effective for morethan fifteen days.
4. Any notice required by this chapter shall be given at theelection of the council either by personal service or by letterto the last recorded address of the person to whom the order isdirected and one publication in a newspaper of generalcirculation in the county where the land affected, or some partthereof, is situated. If the notice is applicable throughout thestate, then it shall be published in a newspaper of generalcirculation which is published in Jefferson City. The noticeshall issue in the name of the state, shall be signed by thestate geologist, shall specify the style and number of theproceeding, the time and place of the hearing, and shall brieflystate the purpose of the proceeding. Should the council elect togive notice by personal service, such service may be made by anyofficer authorized to serve process, or by any agent of thecouncil, in the same manner as is provided by law for the serviceof original notices in civil actions in the circuit courts of thestate. Proof of the service by such agent shall be by theaffidavit of the person making personal service.
5. All orders issued by the council shall be in writing,shall be entered in full and indexed in books to be kept by thestate geologist for that purpose, and shall be public recordsopen for inspection at all times during reasonable office hours.A copy of any rule, regulation, or order certified by the stategeologist or any officer of the council shall be received inevidence in all courts of this state with the same effect as theoriginal.
6. The council may act upon its own motion, or upon thepetition of any interested person. On the filing of a petitionconcerning any matter within the jurisdiction of the council, thecouncil shall promptly fix a date for a hearing thereon, andshall cause notice of the hearing to be given. The hearing shallbe held without undue delay after the filing of the petition.The council shall enter its order within thirty days after thehearing. In the event that the matter is submitted on a questionor questions of fact, the council shall enter its order withinthirty days after the finding of facts is submitted to thecouncil.
(L. 1965 2d Ex. Sess. p. 917 § 14)