Mo. Rev. Stat. » Chapter 621
Missouri Revised Statutes

Mo. Rev. Stat. § 621.045 (2026)

Commission to conduct hearings, make determinations

✓ current as of May 2026
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  621.045.  Commission to conduct hearings, make determinations — boards included — settlement agreements — default decision, when. — 1.  The administrative hearing commission shall conduct hearings and make findings of fact and conclusions of law in those cases when, under the law, a license issued by any of the following agencies may be revoked or suspended or when the licensee may be placed on probation or when an agency refuses to permit an applicant to be examined upon his or her qualifications or refuses to issue or renew a license of an applicant who has passed an examination for licensure or who possesses the qualifications for licensure without examination:

Missouri State Board of Accountancy

Missouri State Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects

Board of Barber Examiners

Board of Cosmetology

Board of Chiropody and Podiatry

Board of Chiropractic Examiners

Missouri Dental Board

Board of Embalmers and Funeral Directors

Board of Registration for the Healing Arts

Board of Nursing

Board of Optometry

Board of Pharmacy

Missouri Real Estate Commission

Missouri Veterinary Medical Board

Supervisor of Liquor Control

Department of Health and Senior Services

Department of Commerce and Insurance

Department of Mental Health

Board of Private Investigator Examiners.

  2.  If in the future there are created by law any new or additional administrative agencies which have the power to issue, revoke, suspend, or place on probation any license, then those agencies are under the provisions of this law.

  3.  The administrative hearing commission is authorized to conduct hearings and make findings of fact and conclusions of law in those cases brought by the Missouri state board for architects, professional engineers, professional land surveyors and landscape architects against unlicensed persons under section 327.076.

  4.  Notwithstanding any other provision of this section to the contrary, after August 28, 1995, in order to encourage settlement of disputes between any agency described in subsection 1 or 2 of this section and its licensees, any such agency shall:

  (1)  Provide the licensee with a written description of the specific conduct for which discipline is sought and a citation to the law and rules allegedly violated, together with copies of any documents which are the basis thereof and the agency's initial settlement offer, or file a contested case against the licensee;

  (2)  If no contested case has been filed against the licensee, allow the licensee at least sixty days, from the date of mailing, to consider the agency's initial settlement offer and to contact the agency to discuss the terms of such settlement offer;

  (3)  If no contested case has been filed against the licensee, advise the licensee that the licensee may, either at the time the settlement agreement is signed by all parties, or within fifteen days thereafter, submit the agreement to the administrative hearing commission for determination that the facts agreed to by the parties to the settlement constitute grounds for denying or disciplining the license of the licensee; and

  (4)  In any contact under this subsection by the agency or its counsel with a licensee who is not represented by counsel, advise the licensee that the licensee has the right to consult an attorney at the licensee's own expense.

  5.  If the licensee desires review by the administrative hearing commission under subdivision (3) of subsection 4 of this section at any time prior to the settlement becoming final, the licensee may rescind and withdraw from the settlement and any admissions of fact or law in the agreement shall be deemed withdrawn and not admissible for any purposes under the law against the licensee.  Any settlement submitted to the administrative hearing commission shall not be effective and final unless and until findings of fact and conclusions of law are entered by the administrative hearing commission that the facts agreed to by the parties to the settlement constitute grounds for denying or disciplining the license of the licensee.

  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 sections 536.067 and 621.100 upon a properly pled writing filed to initiate the contested case under this chapter or chapter 536, 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.

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(L. 1965 p. 277 §§ 3, 12, A.L. 1978 S.B. 661, A.L. 1995 S.B. 3, A.L. 2005 S.B. 177, A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2011 H.B. 265)

CROSS REFERENCE:

Workers' compensation cases, this section not deemed to govern discovery between parties, 287.811

Notes of Decisions
Cited in 18 cases, 1988–2019 · leading case: Versatile Mgmt. Grp. v. Finke, 252 S.W.3d 227 (Mo. Ct. App. 2008).
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Versatile Mgmt. Grp. v. Finke, 252 S.W.3d 227 (Mo. Ct. App. 2008). · cites it 4× “Here, a hearing was held, as required by Section 621.045, which provides, in pertinent part that "[t]he administrative hearing commission shall conduct hearings and make findings of fact and conclusions of law in those cases when, under the law, a license issued by [the…”
Hernandez v. State Bd. of Reg. for Healing Arts, 936 S.W.2d 894 (Mo. Ct. App. 1997). · cites it 2× “Section 621.045 states that "[t]he administrative hearing commission shall conduct hearings and make findings of fact and conclusions of law in those cases when, under the law, .”
State Ex Rel. Malan v. Huesemann, 942 S.W.2d 424 (Mo. Ct. App. 1997). · cites it 3× “060 further explains that the legislature wants to permit and encourage settlements, stating, “[cjontested eases and other matters involving licensees and licensing agencies described in section 621.045, RSMo, may be informally resolved by consent agreement or agreed settlement…”
Shelton v. Farr, 996 S.W.2d 541 (Mo. Ct. App. 1999). · cites it 2× “Shelton opted for this lawsuit instead of appealing to the Administrative Hearing Commission as required by § 621.045, RSMo 1994, and Regulation 11 CSR 40-3.”
Stith v. Lankin, 129 S.W.3d 912 (Mo. Ct. App. 2004). · cites it 2× “6 As previously set out, the relevant statute provides, in pertinent part: The director may revoke or suspend, for such period as he or she may determine, any license of any insurance agent, agency or broker if it is determined as provided by sections 621.045 to 621.198 RSMo,…”
Abmeyer v. State Tax Comm'n, 959 S.W.2d 800 (Mo. Ct. App. 1998). · cites it 5× “First, the Administrative Hearing Commission may hear professional license sanction cases arising from agencies listed in section 621.045, RSMo 1994. This case is not about a professional license.”
Larocca v. State Bd. of Reg. for Healing Arts, 897 S.W.2d 37 (Mo. Ct. App. 1995). · cites it 2× “] Subsequently, the AHC conducted a hearing in accordance with § 621.045, R.S.Mo.1986, which reads in pertinent part: 1.”
John H. Peer, Jr., R.Ph. v. Missouri Bd. of Pharmacy, 453 S.W.3d 798 (Mo. Ct. App. 2014). · cites it 2× “060 (“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 *806 may be resolved by stipulation, consent order, or default, or by agreed settlement where…”
KV Pharm. Co. v. Missouri State Bd. of Pharmacy, 43 S.W.3d 306 (Mo. 2001). “The AHC proceeded to find cause to discipline KV following the procedure in sections 621.045, 621.100 and 621.110. The Board then disciplined KV under section 621.”
State Bd. of Reg. for the Healing Arts v. Trueblood, 368 S.W.3d 259 (Mo. Ct. App. 2012). “055, like § 621.045, provides that ‘‘[a]ny person authorized pursuant to section 208.”
Missouri Real Est. Comm'n v. McCormick, 778 S.W.2d 303 (Mo. Ct. App. 1989). “§ 621.045 and § 621.110. Dunning v. Board of Pharmacy, 630 S.”
Kennedy v. Missouri Real Est. Comm'n, 762 S.W.2d 454 (Mo. Ct. App. 1988). · cites it 3× “Kennedy asserts that § 621.045 requires the Hearing Commission to make an independent finding of whether cause for discipline exists.”
Show all 18 citing cases →
— Mo. Rev. Stat. § 621.045(5) — 1 case
Wilson v. Missouri Bd. for Architects, Prof'l Engineers & Land Surveyors, 19 S.W.3d 699 (Mo. Ct. App. 2000).
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