536.018. "Agency" and "state agency" not to include institutions of higher education if sufficient safeguards for contested cases provided by institutions. — The term "agency" and the term "state agency" as defined by section 536.010 shall not include an institution of higher education, supported in whole or in part from state funds, if such institution has established written procedures to assure that constitutionally required due process safeguards exist and apply to a proceeding that would otherwise constitute a "contested case" as defined in section 536.010.
Notes of Decisions
State ex rel. Yarber v. McHenry, 915 S.W.2d 325 (Mo. 1995).
· cites it 8× “[3] The applicability of the MAPA to colleges and universities may now be a moot point because the general assembly has enacted § 536.018, RSMo 1994, which states that the term "agency" does not include an institution of higher education that has otherwise established…”
Suppes v. Curators of the Univ. of Missouri, 529 S.W.3d 825 (Mo. Ct. App. 2017).
· cites it 19× “It argued that section 536.018 does not require that the University’s procedures conform to the requirements of a contested case under the MAPA but that they assure that constitutionally required due process safeguards exist and apply.”
Jennings v. Bd. of Curators of Missouri State Univ., 386 S.W.3d 796 (Mo. Ct. App. 2012).
· cites it 3× “150, despite our supreme court’s 1995 prescience that “applicability of the MAPA to colleges and universities may now be a moot point because the general assembly has enacted § 536.018, RSMo 1994, which states that the term 'agency’ does not include an institution of higher…”
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