Effective - 28 Aug 1985
409.843. Administrative procedure, notice of intent, summary order, notice, hearing. — 1. The commissioner shall commence an administrative proceeding under sections 409.800 to 409.863 by entering either a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing, and need not be supported by findings of fact or conclusions of law, but must be in writing. Upon entry of a notice of intent or summary order, the commissioner shall promptly notify all interested parties that the notice or summary order has been entered and the reasons therefor. If the proceeding is pursuant to a notice of intent, the commissioner shall inform all interested parties of the date, time, and place set for the hearing on the notice. If the proceeding is pursuant to a summary order, the commissioner shall inform all interested parties that they have thirty business days from the entry of the order to file a written request for a hearing on the matter with the commissioner and that the hearing will be scheduled to commence within thirty business days after the receipt of the written request.
2. If a proceeding is initiated under this section pursuant to a summary order, the commissioner, whether or not a written request for a hearing is received from any interested party, may set the matter down for hearing on the commissioner's own motion.
3. If no hearing is requested and none is ordered by the commissioner, a summary order issued under this section shall automatically become a final order after thirty business days.
4. If a hearing is requested or ordered under this section, the commissioner, after notice of, and opportunity for, hearing to all interested persons, may modify or vacate the order or extend it until final determination. No final order or order after hearing may be returned without:
(1) Appropriate notice to all interested persons;
(2) Opportunity for hearing by all interested persons; and
(3) Entry of written findings of fact and conclusions of law.
5. Every hearing in an administrative proceeding under sections 409.800 to 409.863 shall be public unless the commissioner grants a request joined in by all the respondents that the hearing be conducted privately.
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(L. 1985 H.B. 409 & 532 § 18)
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 409 - Regulation of Securities
Section 409.108 - Tampering with securities documents or impeding investigations prohibited.
Section 409.111 - Commissioner of securities may investigate violations.
Section 409.112 - Commissioner of securities may seek relief for violations, when.
Section 409.113 - Commissioner of securities may issue orders, when.
Section 409.114 - Duties and powers of commissioner of securities.
Section 409.500 - Short title.
Section 409.506 - Definitions.
Section 409.516 - Registration statement, contents — material changes, notice to commissioner, how.
Section 409.521 - Commissioner may make investigations, seek injunctions, when.
Section 409.531 - Commissioner may promulgate rules, establish fees.
Section 409.536 - Attorney general may prosecute, how.
Section 409.546 - Fraudulent practices not allowed, solicitation of offerees.
Section 409.556 - Construction of statutes.
Section 409.561 - Additional requirements, when applicable.
Section 409.566 - Unlawful practices, offeree may bring suit, damages, attorney fees.
Section 409.600 - Citation of law.
Section 409.605 - Definitions.
Section 409.610 - Financial exploitation, notification of agencies and family members.
Section 409.615 - Refusal of request for disbursement or transaction, when — expiration.
Section 409.620 - Immunity from liability, when.
Section 409.625 - Records, provided to agencies or law enforcement, when.
Section 409.630 - Website for training resources to prevent and detect financial exploitation.
Section 409.800 - Definitions.
Section 409.803 - Prohibited contracts — exemptions.
Section 409.806 - Exempt transaction — rules, generally, this chapter, procedure.
Section 409.808 - Commodity merchants — license required, boards of trade — designation required.
Section 409.810 - Prohibited acts.
Section 409.813 - Principals, agents, joint and several liability — when.
Section 409.816 - Applicability of other laws.
Section 409.818 - Intent of law.
Section 409.820 - Investigations by commissioner, subpoena powers — judicial enforcement.
Section 409.823 - Violations — powers of commissioner.
Section 409.826 - Violations of domestic or foreign laws, rules — legal and equitable remedies.
Section 409.830 - Insiders — restricted use of information, data to be public, exceptions.
Section 409.833 - Cooperation with other jurisdictions, agencies.
Section 409.836 - General authority of commissioner.
Section 409.838 - Service of process, appointment of commissioner as agent for service.
Section 409.843 - Administrative procedure, notice of intent, summary order, notice, hearing.
Section 409.846 - Judicial review of commissioner's orders — procedure — standard of review.
Section 409.848 - Exemptions — burden of proof.
Section 409.850 - Broker-dealers, sales representatives — applications for licenses — fees.
Section 409.853 - Examinations.
Section 409.860 - Records — examination without notice — fees.
Section 409.863 - Licenses — denial, suspension, revocation, limitations, cancellation — grounds.
Section 409.1000 - Business opportunities — definitions.
Section 409.1003 - Practices prohibited — penalty.
Section 409.1006 - Civil remedies.
Section 409.1-101 - Short title.
Section 409.1-102 - Definitions.
Section 409.1-103 - References to federal statutes.
Section 409.1-104 - References to federal agencies.
Section 409.1-105 - Electronic records and signatures.
Section 409.2-201 - Exempt securities.
Section 409.2-202 - Exempt transactions.
Section 409.2-203 - Additional exemptions and waivers.
Section 409.2-204 - Denial, suspension, revocation, condition, or limitation of exemptions.
Section 409.3-301 - Securities registration requirement.
Section 409.3-302 - Notice filing.
Section 409.3-303 - Securities registration by coordination.
Section 409.3-304 - Securities registration by qualification.
Section 409.3-305 - Securities registration filings.
Section 409.3-306 - Denial, suspension, and revocation of securities registration.
Section 409.3-307 - Waiver and modification.
Section 409.4-401 - Broker-dealer registration requirement and exemptions.
Section 409.4-402 - Agent registration requirement and exemptions.
Section 409.4-403 - Investment adviser registration requirement and exemptions.
Section 409.4-404 - Investment adviser representative registration requirement and exemptions.
Section 409.4-405 - Federal covered investment adviser notice filing requirement.
Section 409.4-407 - Succession and change in registration of broker-dealer or investment adviser.
Section 409.4-410 - Filing fees.
Section 409.4-411 - Postregistration requirements.
Section 409.5-501 - General fraud.
Section 409.5-502 - Prohibited conduct in providing investment advice.
Section 409.5-503 - Evidentiary burden.
Section 409.5-504 - Filing of sales and advertising literature.
Section 409.5-505 - Misleading filings.
Section 409.5-506 - Misrepresentations concerning registration or exemption.
Section 409.5-507 - Qualified immunity.
Section 409.5-508 - Criminal penalties.
Section 409.5-509 - Civil liability.
Section 409.5-510 - Rescission offers.
Section 409.6-601 - Administration.
Section 409.6-602 - Investigations and subpoenas.
Section 409.6-603 - Civil enforcement.
Section 409.6-604 - Administrative enforcement.
Section 409.6-605 - Rules, forms, orders, interpretive opinions, and hearings.
Section 409.6-606 - Administrative files and opinions.
Section 409.6-607 - Public records; confidentiality.
Section 409.6-608 - Uniformity and cooperation with other agencies.
Section 409.6-609 - Judicial review.
Section 409.6-610 - Jurisdiction.
Section 409.6-611 - Service of process.
Section 409.6-612 - Severability clause.
Section 409.7-701 - Effective date.
Section 409.7-703 - Application of act to existing proceedings and existing rights and duties.