621.110. Commission's findings and recommendations — hearing by agency on disciplinary action. — Upon a finding in any cause charged by the complaint for which the license may be suspended or revoked as provided in the statutes and regulations relating to the profession or vocation of the licensee and within one hundred twenty days of the date the case became ready for decision, the commission shall deliver or transmit by mail to the agency which issued the license the record and a transcript of the proceedings before the commission together with the commission's findings of fact and conclusions of law. The commission may make recommendations as to appropriate disciplinary action but any such recommendations shall not be binding upon the agency. A copy of the findings of fact, conclusions of law and the commission's recommendations, if any, shall be delivered or transmitted by mail to the licensee if the licensee's whereabouts are known, and to any attorney who represented the licensee. Within thirty days after receipt of the record of the proceedings before the commission and the findings of fact, conclusions of law, and recommendations, if any, of the commission, the agency shall set the matter for hearing upon the issue of appropriate disciplinary action and shall notify the licensee of the time and place of the hearing, provided that such hearing may be waived by consent of the agency and licensee where the commission has made recommendations as to appropriate disciplinary action. In case of such waiver by the agency and licensee, the recommendations of the commission shall become the order of the agency. The licensee may appear at said hearing and be represented by counsel. The agency may receive evidence relevant to said issue from the licensee or any other source. After such hearing the agency may order any disciplinary measure it deems appropriate and which is authorized by law. In any case where the commission fails to find any cause charged by the complaint for which the license may be suspended or revoked, the commission shall dismiss the complaint, and so notify all parties.
Notes of Decisions
Boyd v. State Bd. of Reg. for the Healing Arts, 916 S.W.2d 311 (Mo. Ct. App. 1995).
· cites it 6× “Section 621.110 RSMo 1994 states that at a hearing, such as the one held by the Board to determine the discipline to impose on Dr.”
Missouri Real Est. Comm'n v. McCormick, 778 S.W.2d 303 (Mo. Ct. App. 1989).
· cites it 6× “The introductory portion of the stipulation contained the following acknowledgment: “The respondent further understands that after the Administrative Hearing Commission finds his license to be subject to disciplinary action by the Missouri Real Estate Commission, the Missouri…”
Karen Carpenter v. State Bd. of Nursing, 508 S.W.3d 110 (Mo. 2016).
· cites it 4× “Section 621.110 requires an agency to “set the matter for hearing upon the issue of appropriate disciplinary action” upon a finding by the AHC that an individual’s license is subject to discipline.”
Johnson v. Missouri Bd. of Nursing Administrators, 130 S.W.3d 619 (Mo. Ct. App. 2004).
“After conducting a hearing, pursuant to §§ 621.110 and 844.070.3, 6 to determine what level of discipline was warranted, the Board issued an order in July 2002 revoking Johnson’s license.”
Gard v. State Bd. of Reg. for the Healing Arts, 747 S.W.2d 726 (Mo. Ct. App. 1988).
· cites it 5× “Section 621.110 RSMo 1986 does provide that the recommendations as to appropriate disciplinary action shall not be binding upon the agency.”
Shadow Lake of Noel, Inc. v. Supervisor of Liquor Control, 893 S.W.2d 835 (Mo. Ct. App. 1995).
“2(7) clearly contemplates judicial review for abuse of agency discretion, in performing that review a court must advert “to the substantial evidence adduced before the AHC, and of course, any additional evidence given before the [agency] when it is called upon to exercise a…”
Kennedy v. Missouri Real Est. Comm'n, 762 S.W.2d 454 (Mo. Ct. App. 1988).
· cites it 5× “The Hearing Commission then sent copies of its record to the Real Estate Commission pursuant to § 621.110, and the Real Estate Commission set the date for a disciplinary hearing.”
Missouri Bd. of Pharmacy v. Tadrus, 926 S.W.2d 132 (Mo. Ct. App. 1996).
“Wherefore, it is ordered that this matter be dismissed from the docket of this Commission, effective this date, and that the record of the proceedings before this Commission be certified to the Petitioner for further disciplinary action in accordance with § 621.110. The dispute…”
State ex rel. Odom v. Missouri Bd. of Pharmacy, 777 S.W.2d 336 (Mo. Ct. App. 1989).
· cites it 2× “Appellant’s contention before the trial court, renewed here as the basis for the claim of error, rests on the argument that under § 621.110, RSMo 1986, the board had the obligation to set the matter of a disciplinary hearing within thirty days of August 29, 1988, the date when…”
Cooper v. Missouri State Bd. of Pharmacy, 774 S.W.2d 501 (Mo. Ct. App. 1989).
· cites it 2× “Thereafter, the Board conducted a hearing pursuant to § 621.110 RSMo 1986 to determine the appropriate discipline for Cooper.”
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