reglab/housing_qa huggingface dataset:
MO Rev Stat § 536.060 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.060 - Informal disposition of case by stipulation — summary action — waiver.

Effective - 28 Aug 1995   536.060. Informal disposition of case by stipulation — summary action — waiver. — 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 may be resolved by stipulation, consent order, or default, or by agreed settlement where such settlement is permitted by law. Nothing contained in sections 536.060 to 536.095 shall be construed (1) to impair the power of any agency to take lawful summary action in those matters where a contested case is not required by law, or (2) to prevent any agency authorized to do so from assisting claimants or other parties in any proper manner, or (3) to prevent the waiver by the parties (including, in a proper case, the agency) of procedural requirements which would otherwise be necessary before final decision, or (4) to prevent stipulations or agreements among the parties (including, in a proper case, the agency). ­­-------- (L. 1945 p. 1504 § 6, A.L. 1957 p. 748 § 536.090, A.L. 1995 S.B. 3)  CROSS REFERENCE:  Workers' compensation cases, this section not deemed to govern discovery between parties, 287.811
MO Rev Stat § 536.068 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.068 - Responsive pleadings to petitioner's complaint or petition to be filed, when — extension — content — bench ruling or memorandum decision on request, when.

Effective - 28 Aug 1989   536.068. Responsive pleadings to petitioner's complaint or petition to be filed, when — extension — content — bench ruling or memorandum decision on request, when. — 1. In any proceeding before the administrative hearing commission, any responsive pleading to the petitioner's complaint or petition shall be filed within the time limits specified for filing an answer under the rules governing civil practice in circuit courts in Missouri, unless the administrative hearing commission grants an extension of time for the filing of a responsive pleading. Such responsive pleadings may include, but shall not be limited to, answers, motions to dismiss, motions for a more definite statement or to make more definite and certain, or any combination of these pleadings.  2. The administrative hearing commission shall upon the request of all parties involved and waiver of the provisions of section 536.090 issue a bench ruling or render a memorandum decision on any case within one week of the conclusion of the hearing or within one week of the request, whichever is later. ­­-------- (L. 1989 H.B. 143 § 1)
MO Rev Stat § 536.075 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.075 - Discovery rule violations, sanctions.

Effective - 28 Aug 1989   536.075. Discovery rule violations, sanctions. — In any proceeding before the administrative hearing commission, where a party to the proceeding moves for sanctions for an alleged violation of any discovery rule, the moving party shall in the motion certify that reasonable efforts were made to resolve the dispute informally with the opposing party. ­­-------- (L. 1989 S.B. 127, et al. § 3)
MO Rev Stat § 536.077 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.077 - Subpoenas, issuance — form — how served — how enforced.

Effective - 28 Aug 2003   536.077. Subpoenas, issuance — form — how served — how enforced. — In any contested case before an agency created by the constitution or state statute, such agency shall upon request of any party issue subpoenas and shall in a proper case issue subpoenas duces tecum. Subpoenas other than subpoenas duces tecum shall on request of any party be issued with the caption and number of the case, the name of the witness, and the date for appearance in blank, but such caption, number, name and date shall be filled in by such party before service. Subpoenas shall extend to all parts of the state, and shall be served and returned as in civil actions in the circuit court. The witness shall be entitled to the same fees and, if compelled to travel more than forty miles from his place of residence, shall be entitled to the same tender of fees for travel and attendance, and at the same time, as is now or may hereafter be provided for witnesses in civil actions in the circuit court, such fees to be paid by the party or agency subpoenaing him, except where the payment of such fees is otherwise provided for by law. The agency or the party at whose request the subpoena is issued shall enforce subpoenas by applying to a judge of the circuit court of the county of the hearing or of any county where the witness resides or may be found for an order upon any witness who shall fail to obey a subpoena to show cause why such subpoena should not be enforced, which said order and a copy of the application therefor shall be served upon the witness in the same manner as a summons in a civil action, and if the said circuit court shall, after a hearing, determine that the subpoena should be sustained and enforced, said court shall proceed to enforce said subpoena in the same manner as though said subpoena had been issued in a civil case in the circuit court. The court shall permit the agency and any party to intervene in the enforcement action. Any such agency may delegate to any member, officer, or employee thereof the power to issue subpoenas in contested cases; provided that, except where otherwise authorized by law, subpoenas duces tecum shall be issued only by order of the agency or a member thereof. ­­-------- (L. 1957 p. 748 § 536.070, A.L. 2003 H.B. 141 merged with H.B. 613)
MO Rev Stat § 536.080 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.080 - Parties may file briefs — officials to hear or read evidence.

Effective - 28 Aug 1957   536.080. Parties may file briefs — officials to hear or read evidence. — 1. In contested cases each party shall be entitled to present oral arguments or written briefs at or after the hearing which shall be heard or read by each official of the agency who renders or joins in rendering the final decision.  2. In contested cases, each official of an agency who renders or joins in rendering a final decision shall, prior to such final decision, either hear all the evidence, read the full record including all the evidence, or personally consider the portions of the record cited or referred to in the arguments or briefs. The parties to a contested case may by written stipulation or by oral stipulation in the record at a hearing waive compliance with the provisions of this section. ­­-------- (L. 1945 p. 1504 § 8, A.L. 1957 p. 748 § 536.083)  (1976) Where member of commission had assumed office after conclusion of all hearings and did not participate in the decision which was certified by the participating members, but did participate in order denying application for rehearing to which no certification was attached, trial court was directed to modify its "order of remand" to allow the commissioner ten days to certify that he had complied with this section at the time of denial of the motion for rehearing. Absent such certification, remand for reconsideration should follow. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.
MO Rev Stat § 536.083 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.083 - Hearing officer not to conduct rehearing or appeal involving same issues and parties.

Effective - 28 Aug 1989   536.083. Hearing officer not to conduct rehearing or appeal involving same issues and parties. — Notwithstanding any other provision of law to the contrary, in any administrative hearing conducted under the procedures established in this chapter, and in any other administrative hearing conducted under authority granted any state agency, no person who acted as a hearing officer or who otherwise conducted the first administrative hearing involving any single issue shall conduct any subsequent administrative rehearing or appeal involving the same issue and same parties. ­­-------- (L. 1989 H.B. 143 § 3)
MO Rev Stat § 536.085 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.085 - Definitions.

Effective - 28 Aug 1989   536.085. Definitions. — As used in section 536.087, the following terms mean:  (1) "Agency proceeding", an adversary proceeding in a contested case pursuant to this chapter in which the state is represented by counsel, but does not include proceedings for determining the eligibility or entitlement of an individual to a monetary benefit or its equivalent, child custody proceedings, eminent domain proceedings, driver's license proceedings, vehicle registration proceedings, proceedings to establish or fix a rate, or proceedings before the state tax commission;  (2) "Party":  (a) An individual whose net worth did not exceed two million dollars at the time the civil action or agency proceeding was initiated; or  (b) Any owner of an unincorporated business or any partnership, corporation, association, unit of local government or organization, the net worth of which did not exceed seven million dollars at the time the civil action or agency proceeding was initiated, and which had not more than five hundred employees at the time the civil action or agency proceeding was initiated;  (3) "Prevails", obtains a favorable order, decision, judgment, or dismissal in a civil action or agency proceeding;  (4) "Reasonable fees and expenses" includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test, or project which is found by the court or agency to be necessary for the preparation of the party's case, and reasonable attorney or agent fees. The amount of fees awarded as reasonable fees and expenses shall be based upon prevailing market rates for the kind and quality of the services furnished, except that no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the state in the type of civil action or agency proceeding, and attorney fees shall not be awarded in excess of seventy-five dollars per hour unless the court determines that a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee;  (5) "State", the state of Missouri, its officers and its agencies, but shall not include political subdivisions of the state. ­­-------- (L. 1989 H.B. 143 § 4)
MO Rev Stat § 536.090 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.090 - Decisions in writing — notice.

Effective - 28 Aug 1957   536.090. Decisions in writing — notice. — Every decision and order in a contested case shall be in writing, and, except in default cases or cases disposed of by stipulation, consent order or agreed settlement, the decision, including orders refusing licenses, shall include or be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the agency bases its order. Immediately upon deciding any contested case the agency shall give written notice of its decision by delivering or mailing such notice to each party, or his attorney of record, and shall upon request furnish him with a copy of the decision, order, and findings of fact and conclusions of law. ­­-------- (L. 1945 p. 1504 § 9, A.L. 1957 p. 748 § 536.086)  (1969) Specific procedures for notice under the liquor control law supersede the procedures in the general administrative procedure law where a violation of the liquor control law is alleged. State ex rel. Zimmerman v. Moran (Mo.), 439 S.W.2d 503. (1972) Where the tax commission's findings of fact was a mere statement of the chronology of events that transpired and did not advise the parties or the court of the factual basis upon which the commission reached its conclusion and order, it did not provide basis for review and circuit court's order remanding case for appropriate findings was proper and was not a final appealable order. Iron County v. State Tax Commission (Mo.), 480 S.W.2d 65.
MO Rev Stat § 536.095 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.095 - Contempt — procedure for punishment.

Effective - 28 Aug 1957   536.095. Contempt — procedure for punishment. — In any hearing in a contested case before an agency created by the constitution or state statute if any person acts or refuses to act in such manner that a contempt of court would have been committed if the case were a civil action before a circuit court, the agency in addition to any other powers it may have by law may apply to a judge of the circuit court of the county of the hearing or of any county where such person resides or may be found, for an order on any such person to show cause why he should not be punished as for contempt, which order and copy of the application therefor shall be served upon the person in the same manner as a summons in a civil action. Thereafter the same proceedings shall be had in such court as in cases of contempt of a circuit court. ­­-------- (L. 1957 p. 748 § 536.076)
MO Rev Stat § 536.120 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.120 - Suspension of decisions or orders.

Effective - 28 Aug 1945   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. ­­-------- (L. 1945 p. 1504 § 10)
MO Rev Stat § 536.130 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.130 - Record on judicial review.

Effective - 28 Aug 1945   536.130. Record on judicial review. — 1. Within thirty days after the filing of the petition or within such further time as the court may allow, the record before the agency shall be filed in the reviewing court. Such record shall consist of any one of the following:  (1) Such parts of the record, proceedings and evidence before the agency as the parties by written stipulation may agree upon;  (2) An agreed statement of the case, agreed to by all parties and approved as correct by the agency;  (3) A complete transcript of the entire record, proceedings and evidence before the agency. Evidence may be stated in either question and answer or narrative form. Documents may be abridged by omitting irrelevant and formal parts thereof. Any matter not essential to the decision of the questions presented by the petition may be omitted. The decision, order and findings of fact and conclusions of law shall in every case be included.  2. The record filed in the reviewing court shall be properly certified by the agency, and shall be typewritten, mimeographed, printed, or otherwise suitably reproduced. In any case where papers, documents or exhibits are to be made a part of the record in the reviewing court, the originals of all or any part thereof, or photostatic or other copies which may have been substituted therefor, may, if the agency permits, be sent to the reviewing court instead of having the same copied into the record.  3. In any case where any party fails or refuses to agree to the correctness of a record, the agency shall decide as to its correctness and certify the record accordingly. If any party shall be put to additional expense by reason of the failure of another party to agree to a proper shortening of the record, the court may tax the amount of such additional expense against the offending party as costs.  4. The record to be filed in the reviewing court shall be filed by the plaintiff, or at the request of the plaintiff shall be transmitted by the agency directly to the clerk of the reviewing court and by him filed; provided, that when original documents are to be sent to the reviewing court they shall be transmitted by the agency directly, as aforesaid. The court may require or permit subsequent corrections of or additions to the record. ­­-------- (L. 1945 p. 1504 § 10)
MO Rev Stat § 536.150 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.150 - Review by injunction or original writ, when — scope.

Effective - 28 Aug 1953   536.150. Review by injunction or original writ, when — scope. — 1. When any administrative officer or body existing under the constitution or by statute or by municipal charter or ordinance shall have rendered a decision which is not subject to administrative review, determining the legal rights, duties or privileges of any person, including the denial or revocation of a license, and there is no other provision for judicial inquiry into or review of such decision, such decision may be reviewed by suit for injunction, certiorari, mandamus, prohibition or other appropriate action, and in any such review proceeding the court may determine the facts relevant to the question whether such person at the time of such decision was subject to such legal duty, or had such right, or was entitled to such privilege, and may hear such evidence on such question as may be properly adduced, and the court may determine whether such decision, in view of the facts as they appear to the court, is unconstitutional, unlawful, unreasonable, arbitrary, or capricious or involves an abuse of discretion; and the court shall render judgment accordingly, and may order the administrative officer or body to take such further action as it may be proper to require; but the court shall not substitute its discretion for discretion legally vested in such administrative officer or body, and in cases where the granting or withholding of a privilege is committed by law to the sole discretion of such administrative officer or body, such discretion lawfully exercised shall not be disturbed.  2. Nothing in this section shall apply to contested cases reviewable pursuant to sections 536.100 to 536.140.  3. Nothing in this section shall be construed to impair any power to take summary action lawfully vested in any such administrative officer or body, or to limit the jurisdiction of any court or the scope of any remedy available in the absence of this section. ­­-------- (L. 1953 p. 678 §§ 1, 2, 3)  (1972) Where county ordinance provided no appeal from ruling of Board of Building Appeals, relator was entitled to writ of certiorari to compel the board to certify a sufficiently complete record of proceedings of basis leading to board's decision including name and identity of witnesses and at least a summary of their testimony. State ex rel. Walmar Investment Co. v. Armstrong (A.), 477 S.W.2d 730. (1975) School district has no right to appeal decision of county board of equalization. State ex rel. St. Francois County School Dist. R-III v. Lalumondier (Mo.), 518 S.W.2d 638. (1979) Mandamus was remedy when city council denied a liquor license under a municipal code when all conditions were met and was not a "contested" case. State ex rel. Keeven v. City of Hazelwood, et al. (A.), 585 S.W.2d 557.
MO Rev Stat § 536.160 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.160 - Refund of funds paid into court, when.

Effective - 28 Aug 2001   536.160. Refund of funds paid into court, when. — In the event a reviewing court reverses a decision of a state agency, remands the matter to the agency for further proceedings and orders the payment into court of any increase in funds authorized by said decision, and thereafter, on remand, the state agency reaches the same result, reaffirms or ratifies its prior decision, then the entity which paid such funds into court shall be entitled to a refund of such funds, including all interest accrued thereon. This provision is enacted in part to clarify and specify the law in existence prior to August 28, 2001. ­­-------- (L. 2001 S.B. 267)
MO Rev Stat § 536.210 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.210 - Fiscal note forms.

Effective - 28 Aug 1978   536.210. Fiscal note forms. — The secretary of state shall establish a form which each state agency shall use in compiling the fiscal note and affidavit required by sections 536.200, 536.205 and 536.215, and failure of the agency to use said forms shall result in rejection by the secretary of state. ­­-------- (L. 1978 S.B. 721 § 3)
MO Rev Stat § 536.215 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 536 - Administrative Procedure and Review|Section 536.215 - Revised fiscal notes required, when — rejection, when.

Effective - 28 Aug 1978   536.215. Revised fiscal notes required, when — rejection, when. — If before the effective date, such rule, amendment or rescission is altered to the extent that the cost or reduction in income is changed by more than ten percent, then a new fiscal note and affidavit shall be filed with the order of rulemaking and the new estimated cost shall be published in the Missouri Register. ­­-------- (L. 1978 S.B. 721 § 4)