Section 213.085

Title XII PUBLIC HEALTH AND WELFARE

Chapter 213

Effective - 28 Aug 1992   

  213.085.  Decisions of commission — judicial review, when, procedure, venue — enforcement of order — breech of settlement agreement, remedy. — 1.  All final decisions, settlement agreements, conciliation agreements, findings, rules and orders of the commission under any provision of this chapter shall be in writing.  Parties to proceedings shall each be sent a copy of the commission's decision and order in the proceedings.

  2.  Any person who is aggrieved by a final decision, finding, rule or order of the commission may obtain judicial review by filing a petition in the circuit court of the county of proper venue within thirty days after the mailing or delivery of the notice of the commission's final decision.

  3.  Judicial review shall be in the manner provided by chapter 536, as it may be amended or superseded from time to time.  The venue of such cases shall, at the option of the appealing party, be in the circuit court of Cole County or in the county of the appealing party's residence, or if the appealing party is a corporation, domestic or foreign, having a registered office or business office in this state, in the county of its registered office or business office.

  4.  If no proceeding for review is instituted in the circuit court within the time herein prescribed, the commission may obtain an order in a proceeding brought in the circuit court of the county wherein the unlawful discriminatory practice which is the subject of the commission's order occurred, or the county wherein any person required in the order to cease and desist from an unlawful discriminatory practice, or to take other affirmative action, resides or conducts business.  The record on the commission's petition for enforcement shall consist solely of duly certified records of the commission showing that it has jurisdiction over the respondent, that the procedure prescribed by this action has been complied with, and a certified copy of the commission's order with proof of service.  On such a petition, the inquiry of the court shall be limited to a determination of whether the action of the commission is in excess of its statutory authority or jurisdiction and whether the respondent has substantially complied with the order of the commission.

  5.  Where no proceeding for judicial review is filed within the time established under subsection 3 of this section, and the commission has not filed a petition for enforcement of its order in the circuit court, any person entitled to relief may, after the expiration of sixty days from the date of the commission's order, file a petition for enforcement of the commission's decision in a circuit court having proper venue thereof.  The contents of the petition and the jurisdiction of the court shall be as set forth in subsection 4 of this section.

  6.  Where a suit for enforcement of a commission order has been filed pursuant to either subsection 4 or 5 of this section, the circuit court shall issue its order enforcing the commission decision, unless the party against whom enforcement is sought affirmatively shows that:

  (1)  The court is without jurisdiction or venue;

  (2)  Such commission order violates the provisions of the constitution of this state or of the United States;

  (3)  The commission order is beyond its statutory authority or jurisdiction; or

  (4)  The party has substantially complied with the order of the commission.

  7.  Where the commission deems there has been a breach of the terms or conditions of a settlement agreement or conciliation agreement, the commission shall institute an action in circuit court to enforce the terms of the agreement or to obtain the appropriate remedy for such breach.  Nothing in this subsection shall prohibit the parties to such agreement from personally filing suit to enforce this subsection.

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(L. 1986 S.B. 513, A.L. 1992 H.B. 1619)