198.105. Petition for appointment of receiver, contents--hearing--appointment of receiver.
Petition for appointment of receiver, contents--hearing--appointmentof receiver.
198.105. 1. Any petition for appointment of a receiver shall beverified and shall be accompanied by an affidavit or affidavits settingforth material facts showing there exists one or more of the conditionsspecified in section 198.099. The petition shall be filed in the circuitcourt of Cole County or in the county where the facility is located. Ifthe petition is not filed by the attorney general, a copy of the petitionshall be served upon the department and upon the attorney general. Thecourt shall hold a hearing on the petition within five days of the filingof the petition and determine the matter within fifteen days of the initialhearing. The petition and notice of the hearing shall be served on theoperator or administrator of the facility or, if personal service isimpossible, shall be posted in a conspicuous place in the facility notlater than three days before the time specified for the hearing, unless adifferent period is fixed by order of the court.
2. The court shall appoint a person, selected in accordance with theprovisions of this subsection and the rules promulgated pursuant to thissection, to act as receiver if it finds that any ground exists which wouldauthorize the appointment of a receiver under section 198.099 and thatappointment of a receiver will contribute to the continuity of care or theorderly and safe transfer of residents in the facility. The departmentshall, within six months of August 28, 2003, promulgate rules to establishguidelines for the determination of qualified receivers, procedures formaintaining the list of qualified receivers that requested in writing toact as a receiver, and the selection or removal of such receivers. Anyrule or portion of a rule, as that term is defined in section 536.010,RSMo, that is created under the authority delegated in this section shallbecome effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2003, shall be invalidand void.
3. The director of the department shall maintain a list of personswho have submitted a written request in accordance with the provisions ofthis subsection and the rules promulgated by the department to act asreceiver pursuant to section 198.099. When a petition is filed seeking theappointment of a receiver, the director of the department shall select thefirst name on the list. The director of the department shall inform suchperson of his or her selection, the name of the facility, and the groundsfor seeking receivership of such facility. Such person may elect not to beappointed, in which case the director of the department shall choose thenext consecutive name on the list, continuing until a person has agreed toserve as the receiver. The director shall provide the name of the personselected and agreeing to serve as the receiver to the judge of the courtwherein the petition for receivership is filed. For each additionalpetition filed seeking the appointment of a receiver, names shall be chosenfrom the list in consecutive order beginning with the next name thatfollows the last name chosen. If none of the persons on the list agree toserve as the receiver, the court shall appoint a person determined by thecourt to be qualified to act as receiver.
(L. 1979 S.B. 328, et al. § 35, A.L. 1984 S.B. 451, A.L. 2003 S.B. 556 & 311)