621.120. Notice of refusal to license, contents — complaint of applicant — hearing — order. — Upon refusal by any agency listed in section 621.045 to permit an applicant to be examined upon his qualifications for licensure or upon refusal of such agency 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, such applicant may file, within thirty days after the delivery or mailing by certified mail of written notice of such refusal to the applicant, a complaint with the administrative hearing commission. Such written notice of refusal shall advise such applicant of his right to file a complaint with the administrative hearing commission and have a hearing pursuant to this section. Such complaint shall set forth that the applicant has passed an examination for licensure or is qualified to be examined for licensure or for licensure or renewal without examination under the laws and administrative regulations relating to his profession and shall set out with particularity the qualifications of such applicant for same. Upon receipt of such complaint the administrative hearing commission shall cause a copy of said complaint to be served upon the agency by certified mail or by delivery of such copy to the office of the agency, together with a notice of the place of and the date upon which the hearing on said complaint will be held. If at the hearing the applicant shall show that under the law he is entitled to examination for licensure or licensure or renewal, the administrative hearing commission shall issue an appropriate order to accomplish such examination or licensure or renewal, as the case may be.
Notes of Decisions
State ex rel. Robison v. Lindley-Myers, 551 S.W.3d 468 (Mo. 2018).
· cites it 3× “Included with the rejection order was a notice of Robison's legal right to file a complaint with the Administrative Hearing Commission, pursuant to § 621.120, within 30 days after the mailing of the notice.”
Carmen Austell v. Kimberly Sprenger, 690 F.3d 929 (8th Cir. 2012).
“On September 2, 2009, TYBE filed a petition for administrative review, pursuant to Mo.Rev.Stat. § 621.120, naming DHS and DSS respondents.”
Seventy-One Sportsmen Club, Inc. v. Dir. of Revenue, 707 S.W.2d 805 (Mo. Ct. App. 1986).
· cites it 6× “The Administrative Hearing Commission acted under licensee’s complaint filed pursuant to § 621.120 RSMo Cum.Supp.1984. Its decision was rendered on March 14, 1985, and this appeal was timely filed on April 10, 1985.”
State Bd. of Reg. for the Healing Arts v. Trueblood, 368 S.W.3d 259 (Mo. Ct. App. 2012).
“302[, RSMo 1969, now § 621.120]”). II. In its second Point, the Board contends that the AHC erred by ordering that True-blood be issued an unrestricted license as of the date of the AHC’s decision, “because the Board had legal cause to grant [True-blood] only a probated license…”
Cain v. State Bd. of Podiatry, 834 S.W.2d 260 (Mo. Ct. App. 1992).
“Cain’s complaint was filed with the Commission pursuant to § 621.120. With exceptions not applicable here, all final decisions of the Commission are subject to judicial review under the provisions of § 536.”
Missouri Real Est. Comm'n v. William L. Held, 581 S.W.3d 668 (Mo. Ct. App. 2019).
· cites it 2× “” § 621.120. In a number of cases, this Court has held that, in its review of professional licensing decisions, the AHC acts in lieu of the licensing agency, and exercises the statutory authority otherwise vested in the licensing agency.”
Bone Hill Farms, LLC v. Wise Health Solutions, LLC, No. 4:23-cv-03143 (W.D. Mo. Mar. 26, 2024).
“§ 621.120. In this case Plaintiffs do not have a pending appeal before the Missouri Administrative Hearing Commission and no prior determination has been made by that Commission on any appeal filed by Plaintiff.”
Tailored Herb Co. v. Wise Health Solutions, LLC, No. 6:23-cv-03144 (W.D. Mo. Mar. 26, 2024).
“§ 621.120. In this case, Plaintiff currently has three pending appeal actions before the Missouri Administrative Hearing Commission, consolidated under Case Number 20-0657, with a hearing currently scheduled for May 6-7, 2024.”
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