536.067. Notice in contested case--mailing--contents--notice of hearing--time for.
Notice in contested case--mailing--contents--notice of hearing--timefor.
536.067. In any contested case:
(1) The agency shall promptly mail a notice of institution of thecase to all necessary parties, if any, and to all persons designated by themoving party and to any other persons to whom the agency may determine thatnotice should be given. The agency or its clerk or secretary shall keep apermanent record of the persons to whom such notice was sent and of theaddresses to which sent and the time when sent. Where a contested casewould affect the rights, privileges or duties of a large number of personswhose interests are sufficiently similar that they may be considered as aclass, notice may in a proper case be given to a reasonable number thereofas representatives of such class. In any case where the name or address ofany proper or designated party or person is not known to the agency, andwhere notice by publication is permitted by law, then notice by publicationmay be given in accordance with any rule or regulation of the agency or ifthere is no such rule or regulation, then, in a proper case, the agency mayby a special order fix the time and manner of such publication.
(2) The notice of institution of the case to be mailed as provided inthis section shall state in substance:
(a) The caption and number of the case;
(b) That a writing seeking relief has been filed in such case, thedate it was filed, and the name of the party filing the same;
(c) A brief statement of the matter involved in the case unless acopy of the writing accompanies said notice;
(d) Whether an answer to the writing is required, and if so the datewhen it must be filed;
(e) That a copy of the writing may be obtained from the agency,giving the address to which application for such a copy may be made. Thismay be omitted if the notice is accompanied by a copy of such writing;
(f) The location in the Code of State Regulations of any rules of theagency regarding discovery or a statement that the agency shall send a copyof such rules on request;
(3) Unless the notice of hearing hereinafter provided for shall havebeen included in the notice of institution of the case, the agency shall,as promptly as possible after the time and place of hearing have beendetermined, mail a notice of hearing to the moving party and to all personsand parties to whom a notice of institution of the case was required to beor was mailed, and also to any other persons who may thereafter have becomeor have been made parties to the proceeding. The notice of hearing shallstate:
(a) The caption and number of the case;
(b) The time and place of hearing;
(4) No hearing in a contested case shall be had, except by consent,until a notice of hearing shall have been given substantially as providedin this section, and such notice shall in every case be given a reasonabletime before the hearing. Such reasonable time shall be at least ten daysexcept in cases where the public morals, health, safety or interest maymake a shorter time reasonable; provided that when a longer time than tendays is prescribed by statute, no time shorter than that so prescribedshall be deemed reasonable.
(L. 1957 p. 748 §§ 536.063, 536.066, A.L. 1995 S.B. 3)CROSS REFERENCE:
Workers' compensation cases, this section not deemed to govern discovery between parties, RSMo 287.811