Section 22 Answers and Defenses

• Library: Administrative Law 2011

In the AHC, per Missouri court rules that were adopted under § 536.068.1, RSMo 2000, responsive pleadings are required within 30 days. Responsive pleadings include:

an answer; a motion to dismiss; a motion for more definite statement; or any combination of these.

Historically, defenses that have been raised include:

denial of due process; laches; estoppel; limitations; and constitutional issues.

Except for constitutional challenges, most defenses have been largely unsuccessful or have been negated by statutory changes.

Laches, the old remedy of addressing a delay in bringing an action or prosecuting an action when the delay results in a loss of evidence or change, is really no longer an issue in professional licensing. Historically, it was raised unsuccessfully. Perez v. Mo. State Bd. of Registration for Healing Arts, 803 S.W.2d 160 (Mo. App. W.D. 1991). With the statute of limitations now basically three years for professional licensing actions, laches has become impractical as a defense. See § 324.043, RSMo Supp. 2010.

With regard to timely decisions, § 536.100, RSMo Supp. 2010, requires boards (not the AHC) to issue final decisions in contested cases either within 60 days of hearing or within 180 days of written request for a decision. When there is no final decision...