St. Charles County Ambulance District, Inc. v. Missouri Department of Health & Senior Services

Citations: 248 S.W.3d 52; 2008 Mo. App. LEXIS 80; 2008 WL 169408Docket: WD 67521

Court: Missouri Court of Appeals; January 22, 2008; Missouri; State Appellate Court

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The Missouri Court of Appeals addressed the appeal by the St. Charles County Ambulance District regarding the dismissal of its Petition for Review by the Administrative Hearing Commission (AHC). The District sought to revoke a new ambulance service license issued to Abbott Ambulance, Inc. in November 2004, which the Missouri Department of Health and Senior Services later withdrew, acknowledging it had been issued in error. Abbott filed a motion to dismiss the District's Petition as moot, which the AHC granted, citing a lack of subject matter jurisdiction under Section 190.171, RSMo 2000, since the licensing issue was no longer relevant.

The District contended that the AHC erred in this determination, arguing that despite the withdrawal, Abbott was permitted to operate under a prior license from its corporate predecessor issued in 2000, effectively granting a new license without adhering to the requirements of Section 190.109.3. The District maintained that the AHC had jurisdiction as the Petition challenged the issuance of this new license.

The Court emphasized that it must review the AHC's decision for competent evidence and legal authority. It reiterated that administrative agencies possess only the jurisdiction granted by legislation, and a lack of statutory authority results in no subject matter jurisdiction. The AHC's jurisdiction in ambulance licensing matters is outlined in Section 190.171, which allows individuals aggrieved by actions of the Department concerning licensing to seek a determination from the AHC.

The Administrative Hearing Commission (AHC) initially had jurisdiction under Section 190.171 due to the District's Petition for Review against the Department's issuance of a new ambulance service license to Abbott in November 2004. However, when the Department withdrew the license in June 2005, the AHC lost jurisdiction as the matter no longer involved an official action affecting Abbott's licensed status. Consequently, the AHC dismissed the action for lack of subject matter jurisdiction and because the District was no longer aggrieved by the 2004 license.

The District's argument that the Department effectively granted Abbott a new license upon withdrawing the 2004 license and allowing operation under a prior 2000 license was dismissed, as it was not raised before the AHC and thus waived on appeal. Even if it were considered, it would be rejected based on Section 190.105.14, which stipulates that the ownership transfer of an ambulance service does not necessarily change its licensing status. Abbott, originally licensed in 1998 and renewed in 2000, notified the Department of its ownership change when it transitioned from a non-profit to a for-profit entity in 2004. The Department mistakenly issued a new license but quickly retracted it, confirming Abbott could operate under its existing license. The AHC found that no official action affecting Abbott's licensed status occurred, warranting dismissal of the action for lack of jurisdiction under Section 190.171. The judgment was affirmed. 

Notes indicate that statutory citations refer to the Missouri Revised Statutes (Cum. Supp. 2007) and that Abbott was required to obtain an endorsement letter from the District and undergo a compliance inspection to obtain a new license, which the District claimed was violated when the 2004 license was issued without the letter.