Section 324.045

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 324

Effective - 28 Aug 2011   

  324.045.  Default decision entered, when — set aside, when — good cause defined. — 1.  Notwithstanding any provision of chapter 536, in any proceeding initiated by the division of professional registration or any board, committee, commission, or office within the division of professional registration to determine the appropriate level of discipline or additional discipline, if any, against a licensee of the board, committee, commission, or office within the division, if the licensee against whom the proceeding has been initiated upon a properly pled writing filed to initiate the contested case and upon proper notice fails to plead or otherwise defend against the proceeding, the board, commission, committee, or office within the division shall enter a default decision against the licensee without further proceedings.  The terms of the default decision shall not exceed the terms of discipline authorized by law for the division, board, commission, or committee.  The division, office, board, commission, or committee shall provide the licensee notice of the default decision in writing.

  2.  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.

­­--------

(L. 2011 H.B. 265)