621.045. Commission to conduct hearings, make determinations--boards included--settlement agreements. - Missouri Statutes

Commission to conduct hearings, make determinations--boardsincluded--settlement agreements.

621.045. 1. The administrative hearing commission shall conducthearings 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 berevoked or suspended or when the licensee may be placed on probation or whenan agency refuses to permit an applicant to be examined upon hisqualifications or refuses to issue or renew a license of an applicant who haspassed an examination for licensure or who possesses the qualifications forlicensure without examination:

Missouri State Board of Accountancy

Missouri State Board for Architects, Professional Engineers, ProfessionalLand 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 Insurance, Financial Institutions and ProfessionalRegistration

Department of Mental Health

Board of Private Investigator Examiners.

2. If in the future there are created by law any new or additionaladministrative agencies which have the power to issue, revoke, suspend, orplace on probation any license, then those agencies are under the provisionsof this law.

3. The administrative hearing commission is authorized to conducthearings and make findings of fact and conclusions of law in those casesbrought by the Missouri state board for architects, professional engineers,professional land surveyors and landscape architects against unlicensedpersons under section 327.076, RSMo.

4. Notwithstanding any other provision of this section to the contrary,after August 28, 1995, in order to encourage settlement of disputes betweenany 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 specificconduct for which discipline is sought and a citation to the law and rulesallegedly violated, together with copies of any documents which are the basisthereof and the agency's initial settlement offer, or file a contested caseagainst the licensee;

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

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

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

5. If the licensee desires review by the administrative hearingcommission under subdivision (3) of subsection 4 of this section at any timeprior to the settlement becoming final, the licensee may rescind and withdrawfrom the settlement and any admissions of fact or law in the agreement shallbe deemed withdrawn and not admissible for any purposes under the law againstthe licensee. Any settlement submitted to the administrative hearingcommission shall not be effective and final unless and until findings of factand conclusions of law are entered by the administrative hearing commissionthat the facts agreed to by the parties to the settlement constitute groundsfor denying or disciplining the license of the licensee.

(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)

*Transferred 1984; formerly 161.272

CROSS REFERENCE:

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