Missouri Revised Statutes













Chapter 536

Administrative Procedure and Review

←536.060

Section 536.063.1

536.067→

August 28, 2015

Contested case, how instituted--pleadings--copies sent parties.

536.063. 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.



(L. 1957 p. 748 § 536.060, A.L. 2011 H.B. 265)





1991



1991



536.063. 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 attorney who has filed a writing or who has entered his

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.



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