PROFESSIONAL LICENSING APPEAL

STATE OF MISSOURI - ADMINISTRATIVE HEARING COMMISSION

PART I: COMPLAINT/PETITION BEFORE THE ADMINISTRATIVE HEARING COMMISSION

STATE OF MISSOURI
ADMINISTRATIVE HEARING COMMISSION

IN THE MATTER OF:

Complainant/Petitioner: [________________________________]

License Type: [________________________________]

License Number (if applicable): [________________________________]

v.

Respondent Agency/Board: [________________________________]

Case No.: [________________________________]

COMPLAINT SEEKING REVIEW OF LICENSING DECISION

COMES NOW the Complainant/Petitioner, [________________________________] ("Petitioner"), and pursuant to RSMo Section 621.120 and/or RSMo Section 621.045, files this Complaint seeking review of the licensing decision issued by [________________________________] ("Agency/Board"), and in support thereof states as follows:

I. PARTIES

1. Petitioner Information

2. Respondent Agency/Board

II. JURISDICTION AND AUTHORITY

3. The Administrative Hearing Commission ("AHC" or "Commission") has jurisdiction over this matter pursuant to:

☐ RSMo Section 621.045 - License revocation, suspension, or probation proceedings

☐ RSMo Section 621.120 - Refusal to permit examination or issue/renew license

☐ RSMo Section 621.045 - Agency refused to permit applicant to be examined

☐ RSMo Section 621.045 - Agency refused to issue license after examination

☐ RSMo Section 621.045 - Agency refused to renew existing license

☐ Other statutory authority: [________________________________]

4. The Respondent Agency/Board is among those agencies listed in RSMo Section 621.045 that fall under the jurisdiction of the Administrative Hearing Commission, including but not limited to:

☐ State Board of Accountancy
☐ Board for Architects, Professional Engineers, Professional Land Surveyors, and Professional Landscape Architects
☐ Missouri Board of Barber Examiners
☐ State Board of Cosmetology and Barber Examiners
☐ Missouri Dental Board
☐ State Board of Embalmers and Funeral Directors
☐ State Board of Optometry
☐ Missouri Board of Pharmacy
☐ State Board of Nursing
☐ State Board of Registration for the Healing Arts
☐ Missouri Real Estate Commission
☐ State Committee of Psychologists
☐ State Board of Chiropractic Examiners
☐ Missouri Veterinary Medical Board
☐ Other: [________________________________]

III. TIMELINESS OF FILING

5. This Complaint is timely filed within thirty (30) days of Petitioner's receipt of notice of the Agency/Board's adverse decision, as required by RSMo Section 621.120.

6. The written notice of refusal/adverse decision:

☐ Advised Petitioner of the right to file a complaint with the AHC

☐ Did NOT advise Petitioner of appeal rights (describe deficiency): [________________________________]

IV. NATURE OF LICENSING DECISION BEING CHALLENGED

7. Type of adverse licensing action taken by Agency/Board:

☐ Denial of initial license application
☐ Refusal to permit Petitioner to sit for licensing examination
☐ Denial of license renewal
☐ Revocation of existing license
☐ Suspension of license
☐ Probation imposed on license
☐ Restrictions placed on license
☐ Other adverse action: [________________________________]

8. Date of original license application (if applicable): [__/__/____]

9. Date of examination (if applicable): [__/__/____]

10. Examination result: ☐ Passed ☐ Failed ☐ Not permitted to take examination ☐ N/A

V. STATEMENT OF FACTS

11. Petitioner states the following material facts in support of this Complaint:

A. Background and Qualifications:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Application/Licensing History:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Agency/Board Proceedings:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

D. Basis for Agency/Board Decision (as stated in notice):

[________________________________]
[________________________________]
[________________________________]
[________________________________]

VI. GROUNDS FOR APPEAL

12. Petitioner challenges the Agency/Board's decision on the following grounds (check all that apply):

A. Substantive Grounds

☐ Petitioner meets all statutory and regulatory qualifications for licensure

☐ Petitioner passed required examination(s)

☐ Petitioner possesses qualifications for licensure without examination under applicable regulations

☐ Agency/Board applied incorrect legal standard

☐ Decision not supported by competent and substantial evidence

☐ Agency/Board relied on improper or inadmissible evidence

☐ Decision was arbitrary, capricious, or unreasonable

☐ Decision constitutes abuse of discretion

☐ Agency/Board exceeded its statutory authority

☐ Other: [________________________________]

B. Procedural Grounds

☐ Denial of due process - inadequate notice

☐ Denial of due process - inadequate opportunity to be heard

☐ Unlawful procedure followed by Agency/Board

☐ Failure to follow required agency rules

☐ Bias or prejudgment by decision-maker

☐ Ex parte communications influenced decision

☐ Other procedural defect: [________________________________]

C. Constitutional Grounds

☐ Violation of Missouri Constitution

☐ Violation of United States Constitution

☐ Specify constitutional provision(s): [________________________________]

VII. DETAILED STATEMENT OF GROUNDS

13. Petitioner provides the following detailed statement in support of the grounds for appeal:

Ground 1: [________________________________]

Supporting Facts: [________________________________]
[________________________________]
[________________________________]

Applicable Law: [________________________________]

Ground 2: [________________________________]

Supporting Facts: [________________________________]
[________________________________]
[________________________________]

Applicable Law: [________________________________]

Ground 3: [________________________________]

Supporting Facts: [________________________________]
[________________________________]
[________________________________]

Applicable Law: [________________________________]

(Attach additional pages as necessary)

VIII. BURDEN OF PROOF

14. Petitioner acknowledges and understands the following regarding burden of proof before the AHC:

A. In License Denial Cases (RSMo 621.120):
The Petitioner bears the burden of proving legal entitlement to examination or licensure.

B. In Disciplinary Cases (RSMo 621.045):
The Agency/Board bears the burden of proving by a preponderance of the evidence that grounds exist for discipline.

15. The appropriate burden of proof standard in this case is:

☐ Preponderance of the evidence

☐ Clear and convincing evidence (if required by specific licensing statute)

☐ Other standard as provided by law: [________________________________]

IX. RELIEF REQUESTED

16. WHEREFORE, Petitioner respectfully requests that the Administrative Hearing Commission:

☐ Permit Petitioner to be examined for licensure

☐ Order issuance of the license applied for

☐ Order renewal of Petitioner's license

☐ Order reinstatement of Petitioner's license

☐ Vacate or set aside the Agency/Board's decision

☐ Find that no grounds exist for discipline

☐ Dismiss the complaint filed against Petitioner

☐ Find that the restrictions/conditions imposed are inappropriate

☐ Modify the terms of any probation or restrictions

☐ Award costs and fees as permitted by law

☐ Grant such other and further relief as the Commission deems just and proper

PART II: ADMINISTRATIVE HEARING COMMISSION PROCEDURES

X. PRE-HEARING PROCEDURES

A. Service of Complaint

17. Upon filing, the AHC will cause a copy of this Complaint to be served upon the Respondent Agency/Board by:

☐ Personal service
☐ Delivery at the agency's usual place of business
☐ Certified mail
☐ Publication notice (if whereabouts unknown)

B. Agency Response

18. The Agency/Board shall file an Answer to this Complaint within the time prescribed by Commission rules.

C. Default Provisions

19. Pursuant to RSMo Section 621.100, if the Agency/Board fails to plead or otherwise respond after adequate notice:

• A default decision may be entered
• The default decision grants relief as requested in this Complaint
• A motion to set aside default must be filed within thirty (30) days
• The motion must state facts constituting a meritorious defense and show good cause

XI. DISCOVERY PROCEDURES

20. Discovery in this proceeding is governed by RSMo Section 536.073 and Commission rules.

A. Available Discovery Methods

Petitioner may utilize the following discovery methods as permitted:

☐ Written interrogatories
☐ Requests for production of documents
☐ Requests for admission
☐ Depositions upon oral examination
☐ Depositions upon written questions
☐ Subpoenas for documents and records

B. Deposition Procedures (RSMo 536.073)

21. Depositions may be taken "in the same manner, upon and under the same conditions" as permitted in circuit court civil actions.

22. Commissions for depositions shall issue from:

☐ Circuit court clerk's office in the county where the agency is headquartered

☐ Circuit court clerk's office in the county where the hearing occurs

C. Discovery Enforcement

23. The Commission may enforce discovery using methods established by Missouri Supreme Court Rules, except that the following require circuit court approval before enforcement:

☐ Orders requiring physical or mental examinations
☐ Orders for property inspections without owner permission
☐ Contempt sanctions

D. Discovery Requests

24. Petitioner hereby requests the following discovery:

☐ Complete copy of Petitioner's licensing file

☐ All documents reviewed by Agency/Board in making its decision

☐ All investigative reports related to this matter

☐ Minutes of any meetings at which Petitioner's application/license was discussed

☐ Names and contact information for all witnesses

☐ Expert reports and qualifications of any experts

☐ Other: [________________________________]

XII. EVIDENCE RULES

25. Evidence in this proceeding is governed by RSMo Section 536.070.

A. General Evidence Standards

☐ Petitioner understands the rules of evidence are relaxed in administrative proceedings

☐ Hearsay may be admitted if it has probative value

☐ Technical rules of evidence applicable in jury trials do not apply

B. Rights Regarding Evidence

Petitioner has the right to:

☐ Call and examine witnesses
☐ Introduce exhibits
☐ Cross-examine opposing witnesses on any matter relevant to the issues
☐ Impeach any witness regardless of which party first called the witness
☐ Offer rebuttal evidence

C. Record of Proceedings

26. The Commission shall maintain suitable recordings of all hearing proceedings, with transcripts available to parties at reasonable cost.

D. Judicial Notice

27. The Commission may take official notice of:

☐ All matters of which courts take judicial notice
☐ Technical or scientific facts within its competence (with advance notice to parties)

E. Objections to Evidence

28. Evidence to which an objection is sustained may nevertheless be preserved in the record unless it is:

☐ Wholly irrelevant
☐ Repetitious
☐ Privileged
☐ Unduly long

F. Business Records

29. Memoranda or documents created during regular business operations are admissible as evidence of recorded events pursuant to RSMo 536.070.

G. Affidavits

30. Affidavits may be submitted as evidence. The opposing party has seven (7) days to object on form grounds or those objections are waived.

XIII. HEARING PROCEDURES

A. Hearing Request

31. Petitioner requests a formal evidentiary hearing before the Administrative Hearing Commission on the matters set forth in this Complaint.

B. Hearing Location

32. Preferred hearing location:

☐ Jefferson City, Missouri (AHC headquarters)
☐ Other location: [________________________________]
☐ No preference

C. Hearing Format

33. The hearing shall be conducted by a Commissioner who has authority to:

☐ Administer oaths
☐ Make rulings on evidentiary objections
☐ Weigh factual evidence
☐ Render legal and factual determinations

D. Right to Representation

34. Petitioner:

☐ Will be represented by legal counsel

Attorney Name: [________________________________]
Bar Number: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

☐ Will appear pro se (without attorney representation)

E. Witnesses

35. Petitioner intends to call the following witnesses at the hearing:

F. Exhibits

36. Petitioner intends to introduce the following exhibits at the hearing:

G. Subpoenas

37. Petitioner requests issuance of subpoenas for:

☐ Witness attendance at hearing

☐ Production of documents/records

XIV. SETTLEMENT PROCEDURES

38. Pursuant to RSMo Section 621.045, the following settlement procedures apply:

A. Agency Requirements

The Agency/Board must provide:

☐ A written description of the specific conduct for which discipline is sought

☐ Citation to the laws or regulations allegedly violated

☐ At least sixty (60) days for the licensee to consider any settlement offer

B. Settlement Submission

39. Any settlement agreement may be submitted to the Commission for determination that the agreed facts constitute grounds for discipline.

C. Withdrawal Rights

40. The licensee may rescind from any settlement before it becomes final. Upon withdrawal:

☐ All admissions are deemed withdrawn

☐ Admissions are not admissible for any purpose against the licensee

XV. COMMISSION DECISION

A. Findings and Conclusions

41. Pursuant to RSMo Section 621.110, the Commission shall:

☐ Deliver findings of fact and conclusions of law within 120 days after the case becomes ready for decision

☐ Transmit findings to the Agency/Board with the record and transcript

☐ Make recommendations as to appropriate disciplinary action (non-binding)

B. Decision in License Denial Cases

42. Pursuant to RSMo Section 621.120, if Petitioner establishes legal entitlement to examination or licensure:

☐ The Commission shall issue an appropriate order to accomplish examination or licensure

C. Decision in Disciplinary Cases

43. If the Commission finds cause for discipline:

☐ The matter is referred to the Agency/Board for determination of appropriate discipline

☐ The Agency/Board has thirty (30) days to set a hearing on disciplinary action

☐ Petitioner may appear with counsel and present evidence at the disciplinary hearing

D. Waiver of Disciplinary Hearing

44. If the Commission made recommendations and all parties waive the disciplinary hearing:

☐ The recommendations of the Commission become the order of the Agency/Board

E. Dismissal

45. If the Commission finds no cause charged in the complaint:

☐ The Commission shall dismiss the complaint

☐ The Commission shall notify all parties of the dismissal

PART III: JUDICIAL REVIEW

XVI. RIGHT TO JUDICIAL REVIEW

46. Pursuant to RSMo Sections 536.100 through 536.140, a party aggrieved by the final decision may seek judicial review.

A. Exhaustion of Administrative Remedies

47. Judicial review is available only after exhaustion of all administrative remedies provided by law.

B. Filing Deadline

48. A petition for judicial review must be filed within thirty (30) days after the mailing or delivery of notice of the final decision.

IMPORTANT: This thirty-day period is jurisdictional and cannot be extended under civil rules allowing additional days for mail service.

C. Venue

49. The petition for judicial review shall be filed in the Circuit Court of:

☐ Cole County, Missouri (where the agency is located)

☐ The county of Petitioner's residence

☐ The county where the hearing was held

☐ Other proper venue: [________________________________]

D. Service Requirements

50. Copies of the petition must be:

☐ Delivered or mailed by registered mail to the Agency/Board

☐ Delivered or mailed by registered mail to each party of record or their attorney

☐ Proof of service filed with the court

XVII. SCOPE OF JUDICIAL REVIEW

51. Pursuant to RSMo Section 536.140, the reviewing court may determine whether the agency action:

☐ Violates constitutional provisions

☐ Exceeds the agency's statutory authority or jurisdiction

☐ Is unsupported by competent and substantial evidence upon the whole record

☐ Is unauthorized by law

☐ Was made upon unlawful procedure or without a fair trial

☐ Is arbitrary, capricious, or unreasonable

☐ Involves an abuse of discretion

A. Standard of Review

52. The court shall:

☐ Hear the case without a jury

☐ Review the petition and administrative record

☐ Examine the whole record, not merely evidence supporting the agency's decision

B. Agency Deference (2025 Amendment)

53. Pursuant to the 2025 amendment to RSMo Section 536.140:

☐ Courts shall NOT defer to an agency's interpretation of statutes, rules, or regulations

☐ Courts must interpret legal questions independently

☐ Courts shall decide any remaining doubt in favor of interpretations that limit agency power and maximize individual liberty

C. Additional Evidence

54. The court may hear additional evidence if:

☐ The evidence could not have been produced through reasonable diligence

☐ The evidence was improperly excluded at the agency hearing

XVIII. JUDGMENT AND APPEALS

A. Court's Authority

55. Pursuant to RSMo Section 536.140, the court may:

☐ Affirm the agency's order

☐ Reverse the agency's order

☐ Modify the agency's order

☐ Remand for further proceedings

Note: The court cannot substitute its discretion for the agency's unless the decision was arbitrary, capricious, or an abuse of discretion.

B. Further Appeals

56. Appeals from the circuit court judgment may be taken as in other civil cases to:

☐ Missouri Court of Appeals

☐ Missouri Supreme Court (in appropriate cases)

PART IV: VERIFICATION AND SIGNATURE

XIX. VERIFICATION

STATE OF MISSOURI
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, state under penalty of perjury that:

1. I am the Petitioner in this matter (or authorized to sign on behalf of Petitioner).

2. I have read the foregoing Complaint and know the contents thereof.

3. The facts stated herein are true and correct to the best of my knowledge, information, and belief.

4. This Complaint is not filed for purposes of delay or harassment.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

Subscribed and sworn to before me this [____] day of [________________], 20[____].

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

XX. ATTORNEY CERTIFICATION (if represented)

I, the undersigned attorney, certify that:

1. I am licensed to practice law in the State of Missouri.

2. I have reviewed this Complaint with the Petitioner.

3. To the best of my knowledge, information, and belief formed after reasonable inquiry, this Complaint is well-grounded in fact and warranted by existing law.

Attorney Signature: ________________________________________

Printed Name: [________________________________]

Missouri Bar Number: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Fax: [________________________________]

Email: [________________________________]

Date: [__/__/____]

XXI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Complaint was served upon the following by:

☐ Certified mail, return receipt requested
☐ Personal delivery
☐ Other method: [________________________________]

Respondent Agency/Board:

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Missouri Attorney General (if required):

Office of the Missouri Attorney General
Supreme Court Building
207 W. High Street
P.O. Box 899
Jefferson City, MO 65102

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

XXII. FILING INFORMATION

Administrative Hearing Commission
P.O. Box 1557
Jefferson City, MO 65102

Physical Address:
301 West High Street, Suite 730
Truman Building
Jefferson City, MO 65101

Telephone: (573) 751-2422

XXIII. IMPORTANT DEADLINES CHECKLIST

XXIV. DOCUMENT CHECKLIST

☐ Completed and signed Complaint

☐ Copy of Agency/Board's adverse decision/notice

☐ Copy of license application (if applicable)

☐ Copy of license or certificate (if applicable)

☐ Examination results (if applicable)

☐ Supporting documentation

☐ Filing fee (if required)

☐ Certificate of Service

☐ Additional copies for service

NOTICE TO PETITIONER

This template provides a framework for filing a professional licensing appeal before the Missouri Administrative Hearing Commission. The specific requirements, procedures, and grounds for appeal may vary depending on the type of license, the licensing board involved, and the nature of the adverse action. Missouri law and AHC rules are subject to change.

Petitioner is strongly advised to consult with an attorney licensed in Missouri who has experience in administrative law and professional licensing matters before filing this Complaint.

This template is provided for informational purposes only. Legal representation is strongly recommended for proceedings before the Administrative Hearing Commission.