630.769. Venue for appointment of receiver--copy of petition to be provided--hearing thereon within five days, determination within fifteen--court to appoint receiver if grounds exist.
Venue for appointment of receiver--copy of petition to beprovided--hearing thereon within five days, determination withinfifteen--court to appoint receiver if grounds exist.
630.769. Any petition for appointment of a receiver shall be verifiedand shall be accompanied by an affidavit or affidavits setting forth materialfacts showing there exists one or more of the conditions specified in section198.099, RSMo. The petition shall be filed in the circuit court of ColeCounty or in the county where the residential facility is located. If thepetition is not filed by the attorney general, a copy of the petition shall beserved upon the department and upon the attorney general. The court shallhold a hearing on the petition within five days of the filing of the petitionand determine the matter within fifteen days of the initial hearing. Thepetition and notice of the hearing shall be served on the head of the facilityor, if personal service is impossible, shall be posted in a conspicuous placein the residential facility not later than three days before the timespecified for the hearing, unless a different period is fixed by order of thecourt. The court shall appoint the director of the department, or any persondetermined by the court to be qualified, to act as receiver if it finds thatany ground exists which would authorize the appointment of a receiver undersection 198.099, RSMo, and that appointment of a receiver will contribute tothe continuity of care or the orderly and safe transfer of residents in thefacility.
(L. 1980 H.B. 1724)