536.060. Informal disposition of case by stipulation — summary action — waiver. — Contested cases and other matters involving licensees and licensing agencies described in section 621.045 may be informally resolved by consent agreement or agreed settlement or may be resolved by stipulation, consent order, or default, or by agreed settlement where such settlement is permitted by law. Nothing contained in sections 536.060 to 536.095 shall be construed (1) to impair the power of any agency to take lawful summary action in those matters where a contested case is not required by law, or (2) to prevent any agency authorized to do so from assisting claimants or other parties in any proper manner, or (3) to prevent the waiver by the parties (including, in a proper case, the agency) of procedural requirements which would otherwise be necessary before final decision, or (4) to prevent stipulations or agreements among the parties (including, in a proper case, the agency).
Notes of Decisions
Davis v. Long, 360 S.W.2d 307 (Mo. Ct. App. 1962).
· cites it 10× “Section 536.060, RSMo 1949 until amended by Laws 1957, page 748, effective August 29, 1957, V.”
State Ex Rel. Leggett v. Jensen, 318 S.W.2d 353 (Mo. 1958).
· cites it 2× “§ 536.060. The original act provided only for such cases; in fact, its definition of a "contested case" was one in which a hearing was "required by statute".”
Hunter v. Madden, 565 S.W.2d 456 (Mo. Ct. App. 1978).
· cites it 2× “050), procedures by and before agencies (§ 536.060 through § 536.095) and judicial review of administrative decisions (§ 536.”
Eddington v. St. Francois Cnty. R-III Bd. of Educ., 564 S.W.2d 283 (Mo. Ct. App. 1978).
· cites it 2× “See § 536.060. Here, there was prompt continuance of hearing initially *287 commenced within the statutory period, albeit the continued hearing was held 3 days beyond the 30 day period.”
State Ex Rel. Marler v. State Bd. of Optometry, 898 S.W.2d 559 (Mo. Ct. App. 1994).
· cites it 2× “] Pursuant to § 536.060, RSMo 1986, and 1 CSR 15-2.150(1), this Commission adopts the terms of the stipulation and agreement filed by the parties.”
Conlon Grp., Inc. v. City of St. Louis, 944 S.W.2d 954 (Mo. Ct. App. 1997).
· cites it 5× “banc 1994), the Supreme Court construed § 536.060, RSMo 1994, 5 as providing that “[p]rocedural requirements that would otherwise be necessary before a final decision in a contested case may be waived.”
Wheeler v. Weston Special Benefit Assessment Road Dist. of Platte Cnty., 294 S.W.2d 353 (Mo. Ct. App. 1956).
· cites it 2× “We do, however, consider it appropriate to point out that Section 536.060(2) of the Administrative Procedure Act provides as follows: “Unless otherwise agreed by all parties each agency shall cause all proceedings in hearings before it in contested cases to be taken down…”
— Mo. Rev. Stat. § 536.060(2) — 1 case
Wheeler v. Weston Special Benefit Assessment Road Dist. of Platte Cnty., 294 S.W.2d 353 (Mo. Ct. App. 1956).
“We do, however, consider it appropriate to point out that Section 536.060(2) of the Administrative Procedure Act provides as follows: “Unless otherwise agreed by all parties each agency shall cause all proceedings in hearings before it in contested cases to be taken down…”
— Mo. Rev. Stat. § 536.060(3) — 1 case
— Mo. Rev. Stat. § 536.060(4) — 1 case
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