> How do I get my case started?
> Is there a deadline?
> Do I need a lawyer?
> What happens then?
> I just got a Notice of Complaint! What do I do?
> How does the AHC decide my case?
> Can't we just do this on paper?
> Where can I find copies of AHC decisions?
> Where can I find AHC regulations?
> Where can I get more answers?
How do I get my case started?
A written request for review (also called a petition, complaint, application or other names in various statutes) is generally sufficient once it is filed. "Filing" it generally means that the AHC receives it. Sending is not enough for filing, unless you have sent your petition by certified mail or registered mail. There is no filing fee, except for motor vehicle franchise cases. There may be a time limit.Is there a deadline?
Yes, in some cases. If the law sets a deadline for filing your case and you miss it, you have no case. In figuring your filing deadline, make sure to distinguish between when you received a decision you're appealing and when the decision was mailed. Usually your time to file runs from the date the decision was mailed.Do I need a lawyer?
Any individual can present their own case before the AHC. Anyone may start a case for another person. After that, the only person who may represent someone else-including a single-shareholder corporation-before the AHC is a licensed lawyer.What happens then?
The AHC sends a copy of the complaint to the respondent (the party adverse to whoever started the case) with a Notice of Complaint. That notice tells the respondent to file an answer (admitting or denying, or stating lack of knowledge) to the complaint.I just got a Notice of Complaint! What do I do?
If the Notice of Complaint names you as Respondent, promptly file an answer that admits, denies, or states lack of knowledge, as to the matters in the complaint. If the Notice of Complaint names you as Petitioner, wait for the answer. In either case, you can begin preparing discovery, the process by which the parties learn about each others' case. Our booklet, "Representing Yourself in Your Appeal before the Administrative Hearing Commission" may be of assistance. You can also talk to the other side (or their lawyer) about settling the case.How does the AHC decide my case?
Generally, the AHC takes evidence-usually documents and the testimony of witnesses-at a hearing in Jefferson City. It tries to keep the process informal, but the law requires a certain degree of formality, such as rulings on evidence. The AHC does not review any previous agency procedure for error; it starts afresh, deciding what the facts are, applying the law, and issuing a decision in writing.Can't we just do this on paper?
Yes, if the parties agree on the facts, or if one party establishes all the facts the AHC needs to decide the case (usually by affidavit), and no one disputes them (usually by counter-affidavit), there may be no hearing. Even to decide the case without a hearing, the AHC will still need affidavits or other evidence that is admissible under the law.Where can I find copies of AHC decisions?
AHC decisions are available on this site, from the AHC's office, at each law school in the State (University of Missouri-Columbia, University of Missouri-Kansas City, St. Louis University, and Washington University in St. Louis), and online through Westlaw and Lexis. In addition, some AHC tax decisions are reported in Commerce Clearing House's Missouri Tax Reporter service.Where can I find AHC regulations?
The AHC will sends a copy of its procedural regulations to each party. You can also find them in the Code of State Regulations at chapter 1 CSR 15-3.Where can I get more answers?
The AHC's Legal Counsel can answer general procedural questions at AHC@oa.mo.gov.<< AHC Home
