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Administrative Law

HB 1451 (See also HB 1820) – Judicial review of agency decisions. Allows any employee of the state or any political subdivision who has exhausted his or her administrative remedies and who is aggrieved by an agency’s final decision in a contested case involving an employment matter to petition the circuit court for a trial de novo as an alternative to seeking judicial review of the administrative decision.

*HB 1469 (See also SB 976)Changes laws relating to the decisions of the Administrative Hearing Commission. Authorizes the Administrative Hearing Commission to recommend decisions based on comments from the parties, consent orders, agreed settlements or by disposition of a default judgment, judgment on the pleadings, or summary judgment. Grants the same authority to the Hazardous Waste Management Commission, Land Reclamation Commission, Safe Drinking Water Commission, Air Conservation Commission, and Clean Water Commission in order to make final decisions in their specified areas of regulation. Drafted by The Missouri Bar Environmental & Energy Law Committee.

HB 1700 (See also SB 952) – Certified public accountants. Modifies the licensing requirements and practice of certified public accountants and accounting firms.

HB 1802 – Extracurricular activities exempt from procedures in contested cases. Exempts hearings or proceedings concerning a student’s right to participate in extracurricular activities from the procedures for contested cases under the Administrative Hearing Law, if appropriate due process is observed, and when the school belongs to an association that regulates participation in extracurricular activities. Requires due process to include the right to a trial de novo in the circuit court.

HB 1854 – Voluntary compliance audits. Allows companies to conduct voluntary environmental audits in order to discover and correct noncompliance with environmental regulations. Exempts companies who comply with the voluntary audit requirements from certain types of criminal and administrative penalties and allows them to keep their voluntary audit reports confidential. Specifies that companies will not be exempt from any tort actions by private parties. Specifies compliance requirements. Prohibits the department from disclosing any audit report information relating to scientific and technological innovations in which the owner has a proprietary interest that is protected from disclosure by law.

HB 1876 – Special education due process hearings. (See Education Law)

HB 1877 – Board of education designee with binding authority. (See Education Law)

SB 788 – Reorganization of the Department of Insurance, Financial Institutions and Professional Registration. (See Insurance Law)

SB 837 – Public employee due process. Revises provisions concerning the employment of public employees and appointed officials, and creates the Public Employee Due Process Act. Prohibits public employees from appealing a dismissal or demotion if an employee has a right to appeal under the State Personnel Law (Merit System) or if the employee is in a policy making position without a right to appeal. Requires public bodies to serve written notice upon employees they intend to terminate, discipline, or demote which must contain the grounds for the intended action, and notification of the right to request a hearing. Requires the public body to provide the employee with a four month remediation plan before charging the employee if the charges are based on inefficiency, incompetence, or insubordination. Contains provisions concerning the hearing process by the Labor and Industrial Relations Commission, including the selection of a hearing officer, disclosure of witnesses, and representation. Requires permanent teachers to be notified of their right to a hearing by the Board of Education or the Labor and Industrial Relations Commission, and their right to request such a hearing.

SB 1060 – Teacher termination proceedings. Amends current law that allows local school districts to dismiss tenured teachers for certain causes after following certain administrative procedures.