536.120. Suspension of decisions or orders. — Pending the filing and final disposition of proceedings for review under sections 536.100 to 536.140, the agency may stay the enforcement of its order and may temporarily grant or extend relief denied or withheld. Any court in which such proceedings for review may be pending may issue all necessary and appropriate process to stay or require the agency to stay the enforcement of its order or temporarily to grant or extend or require the agency temporarily to grant or extend relief denied or withheld, pending the final disposition of such proceedings for review. Such stay or other temporary relief by a reviewing court may be conditioned upon such terms as shall appear to the court to be proper. No such stay or temporary relief shall be granted by a reviewing court without notice, except in cases of threatened irreparable injury; and when in any case a stay or other temporary relief is granted without notice the court shall then make an order, of which due notice shall be given, setting the matter down for hearing as promptly as possible on the question whether such stay or other temporary relief shall be continued in effect. No such stay or other temporary relief shall be granted or continued unless the court is satisfied that the public interest will not be prejudiced thereby.
Notes of Decisions
Schierding v. Missouri Dental Bd., 705 S.W.2d 484 (Mo. Ct. App. 1986).
· cites it 3× “Section 536.120 RSMo 1978. On the other hand, the Administrative Hearing Commission may find no merit to the Board’s sundry complaints against Schierding.”
Abernathy v. Carpenter, 208 F. Supp. 793 (W.D. Mo. 1962).
· cites it 2× “Section 536.120 provides that the reviewing court may make such orders staying the agency’s orders as may appear necessary.”
Gothard v. Spradling, 586 S.W.2d 443 (Mo. Ct. App. 1979).
· cites it 2× “1972) it was conceded that a cease and desist order could be issued pursuant to § 536.120 before a hearing as provided in § 564.”
Bolling v. Schaffner, 488 S.W.2d 212 (Mo. Ct. App. 1972).
· cites it 2× “Respondents concede that the court had this authority under Section 536.120 V.A.M.S., Administrative Procedure and Review, (Page 8, Respondent’s brief).”
State Bd. of Reg. for the Healing Arts v. Masters, 512 S.W.2d 150 (Mo. Ct. App. 1974).
“Count II also apparently alleged that appellant had filed a “petition” with the Commission complaining of the failure of the Board to renew his license and also sought a stay order pursuant to § 536.120. Commission Cause No. 71019 was continued at the request of the Board…”
Wilson v. Morris, 369 S.W.2d 402 (Mo. 1963).
“The Circuit Court stayed the revocation (§ 536.120) pending a determination by it.”
Farmington R-VII Sch. Dist. v. Allen, 676 S.W.2d 53 (Mo. Ct. App. 1984).
· cites it 2× “In their first two points, they assert the circuit court erred in removing the case from the Commission to the circuit court without a hearing, contrary to § 536.120 RSMo 1978, the Fourteenth Amendment to the United States Constitution, and Article I, Section 10 of the Missouri…”
Mary Broyles v. Dep't of Cmty. Health & Env't of St. Charles Cnty., 456 S.W.3d 517 (Mo. Ct. App. 2015).
· cites it 3× “On March 5, 2014, Broyles’s petition for review was heard and on March 6, 2014, the trial court issued its judgment finding that the final decision of the Director on August 23, 2013, was supported by competent and substantial evidence upon the whole record, that it was made…”
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