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.
Notes of Decisions
Friendship Vill. of South Cnty. v. Pub. Serv. Comm'n, 907 S.W.2d 339 (Mo. Ct. App. 1995).
· cites it 6× “Finally, appellants contend that the issue of UE’s denial of the 1987 reclassification request was tried without objection or by consent, and is therefore deemed properly before the Commission pursuant to section 536.063(3). 3 Again, we believe the 1987 reclassification request…”
Bezayiff v. City of St. Louis, 963 S.W.2d 225 (Mo. Ct. App. 1997).
· cites it 3× “Respondent appealed the removal orders to the Board of Public Service (“Board”) pursuant to Ordinance 60935 and section 536.063 RSMo 1994. On July 12, 1995, the Board determined that respondent’s vehicles were in violation of Ordinance 60935 because both vehicles were inoperable.”
State Ex Rel. Yarber v. McHenry, 915 S.W.2d 325 (Mo. 1995).
· cites it 2× “The majority opinion appropriately does not reach the question of how much process actually is due in a case such as the one sub judice.”
Welsch v. Dept. of Elementary & Secondary Educ., 731 S.W.2d 450 (Mo. Ct. App. 1987).
· cites it 4× “063 RSMo 1978 provides for the commencing of a contested case “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…”
Asbury v. Lombardi, 846 S.W.2d 196 (Mo. 1993).
“The review by the AHC of a final decision of the PAB is simply another level of administrative review on evidence as in a contested case under § 536.063 et seq. — and from thence, judicial review under §§ 621.”
Moore v. Missouri Dental Bd., 311 S.W.3d 298 (Mo. Ct. App. 2010).
· cites it 2× “068 advises any responsive pleading, including an Answer, "shall be filed within the time limits specified for filing an answer under the rules governing civil practice in circuit courts in Missouri,” section 536.063(1) provides "that no answering instrument shall be required…”
Goines v. Missouri Dep't of Soc. Servs., Fam. Support & Child.'s Div., 364 S.W.3d 684 (Mo. Ct. App. 2012).
“As noted in the main body, and conceded by all parties, based on the current statutory scheme, neither the finding of probable cause by DSS, nor a CANRB hearing to review such a probable cause determination, is a “contested case” for purposes of § 536.063, or an "agency…”
Stigger v. Mann, 263 S.W.3d 721 (Mo. Ct. App. 2008).
· cites it 2× “Section 536.063 provides that a contested case is commenced by “the filing of a writing by which the agency seeks such action as by law can be taken only after an opportunity for hearing.”
Lederer v. State, Dep't of Soc. Servs., Div. of Aging, 825 S.W.2d 858 (Mo. Ct. App. 1992).
“The review by the AHC of a final decision of the PAB is simply another level of administrative review on evidence as in a contested case under § 536.063 et seq. — and from thence, judicial review under §§ 621.”
State Ex Rel. Henze v. Wetzel, 754 S.W.2d 888 (Mo. Ct. App. 1988).
“1962); § 536.063(2). As to appellants’ third point that there was no finding of “hardship” or “practical difficulties,” §§ 89.”
— Mo. Rev. Stat. § 536.063(1) — 2 cases
Moore v. Missouri Dental Bd., 311 S.W.3d 298 (Mo. Ct. App. 2010).
“068 advises any responsive pleading, including an Answer, "shall be filed within the time limits specified for filing an answer under the rules governing civil practice in circuit courts in Missouri,” section 536.063(1) provides "that no answering instrument shall be required…”
— Mo. Rev. Stat. § 536.063(2) — 2 cases
State Ex Rel. Henze v. Wetzel, 754 S.W.2d 888 (Mo. Ct. App. 1988).
“1962); § 536.063(2). As to appellants’ third point that there was no finding of “hardship” or “practical difficulties,” §§ 89.”
— Mo. Rev. Stat. § 536.063(3) — 4 cases
Friendship Vill. of South Cnty. v. Pub. Serv. Comm'n, 907 S.W.2d 339 (Mo. Ct. App. 1995).
“Finally, appellants contend that the issue of UE’s denial of the 1987 reclassification request was tried without objection or by consent, and is therefore deemed properly before the Commission pursuant to section 536.063(3). 3 Again, we believe the 1987 reclassification request…”
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