Effective - 28 Aug 2011
536.063. Contested case, how instituted — pleadings — copies sent parties. — In any contested case:
(1) The contested case shall be commenced by the filing of a writing by which the party or agency instituting the proceeding seeks such action as by law can be taken by the agency only after opportunity for hearing, or seeks a hearing for the purpose of obtaining a decision reviewable upon the record of the proceedings and evidence at such hearing, or upon such record and additional evidence, either by a court or by another agency. Answering, intervening and amendatory writings and motions may be filed in any case and shall be filed where required by rule of the agency, except that no answering instrument shall be required unless the notice of institution of the case states such requirement. Entries of appearance shall be permitted;
(2) Any writing filed whereby affirmative relief is sought shall state what relief is sought or proposed and the reason for granting it, and shall not consist merely of statements or charges phrased in the language of a statute or rule; provided, however, that this subdivision shall not apply when the writing is a notice of appeal as authorized by law;
(3) Reasonable opportunity shall be given for the preparation and presentation of evidence bearing on any issue raised or decided or relief sought or granted. Where issues are tried without objection or by consent, such issues shall be deemed to have been properly before the agency. Any formality of procedure may be waived by mutual consent;
(4) Every writing seeking relief or answering any other writing, and any motion shall state the name and address of the attorney, if any, filing it; otherwise the name and address of the party filing it;
(5) By rule the agency may require any party filing such a writing to furnish, in addition to the original of such writing, the number of copies required for the agency's own use and the number of copies necessary to enable the agency to comply with the provisions of this subdivision hereinafter set forth. The agency shall, without charge therefor, mail one copy of each such writing, as promptly as possible after it is filed, to every party or his or her attorney who has filed a writing or who has entered his or her appearance in the case, and who has not theretofore been furnished with a copy of such writing and shall have requested copies of the writings; provided that in any case where the parties are so numerous that the requirements of this subdivision would be unduly onerous, the agency may in lieu thereof (a) notify all parties of the fact of the filing of such writing, and (b) permit any party to copy such writing;
(6) When a holder of a license, registration, permit, or certificate of authority issued by the division of professional registration or a board, commission, or committee of the division of professional registration against whom an affirmative decision is sought has failed to plead or otherwise respond in the contested case and adequate notice has been given under section 536.067 upon a properly pled writing filed to initiate the contested case under this chapter, a default decision shall be entered against the licensee without further proceedings. The default decision shall grant such relief as requested by the division of professional registration, board, committee, commission, or office in the writing initiating the contested case as allowed by law. Upon motion stating facts constituting a meritorious defense and for good cause shown, a default decision may be set aside. The motion shall be made within a reasonable time, not to exceed thirty days after entry of the default decision. "Good cause" includes a mistake or conduct that is not intentionally or recklessly designed to impede the administrative process.
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(L. 1957 p. 748 § 536.060, A.L. 2011 H.B. 265)
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 536 - Administrative Procedure and Review
Section 536.010 - Definitions.
Section 536.014 - Rules invalid, when.
Section 536.015 - Missouri Register published at least monthly.
Section 536.019 - Effective date of rules — contingent effective date.
Section 536.022 - Suspension or termination of rules — procedure.
Section 536.025 - Emergency rule powers — procedure — definitions.
Section 536.026 - Comments on proposed rules — committees for comment.
Section 536.027 - Written comments to be retained as public record for three years.
Section 536.037 - Committee on administrative rules, members, meetings, duties — reports — expenses.
Section 536.043 - Director of social services not required to but may promulgate rules.
Section 536.046 - Public rulemaking docket, contents, publication.
Section 536.053 - Standing to challenge rule.
Section 536.060 - Informal disposition of case by stipulation — summary action — waiver.
Section 536.063 - Contested case, how instituted — pleadings — copies sent parties.
Section 536.067 - Notice in contested case — mailing — contents — notice of hearing — time for.
Section 536.075 - Discovery rule violations, sanctions.
Section 536.077 - Subpoenas, issuance — form — how served — how enforced.
Section 536.080 - Parties may file briefs — officials to hear or read evidence.
Section 536.085 - Definitions.
Section 536.090 - Decisions in writing — notice.
Section 536.095 - Contempt — procedure for punishment.
Section 536.100 - Party aggrieved entitled to judicial review — waiver of independent review, when.
Section 536.110 - Petition, when filed — process — venue.
Section 536.120 - Suspension of decisions or orders.
Section 536.130 - Record on judicial review.
Section 536.140 - Scope of judicial review — judgment — appeals.
Section 536.150 - Review by injunction or original writ, when — scope.
Section 536.160 - Refund of funds paid into court, when.
Section 536.175 - Periodic review required by state agencies, schedule, procedure.
Section 536.210 - Fiscal note forms.
Section 536.215 - Revised fiscal notes required, when — rejection, when.
Section 536.303 - Small business statement required for certain proposed rules, content.
Section 536.310 - Authority of board.
Section 536.315 - State agencies to consider board recommendations, response.
Section 536.320 - Waiver or reduction of administrative penalties, when — inapplicability, when.