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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 996
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
4963S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 287.200, 287.470, 287.610, 287.615, 287.812, 287.835, and 621.045, RSMo,
and to enact in lieu thereof seven new sections relating to workers' compensation.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 287.200, 287.470, 287.610, 287.615, 1
287.812, 287.835, and 621.045, RSMo, are repealed and seven new 2
sections enacted in lieu thereof, to be known as sections 3
287.200, 287.470, 287.610, 287.615, 287.812, 287.835, and 4
621.045, to read as follows:5
287.200. 1. Compensation for permanent total 1
disability shall be paid during the continuance of such 2
disability from the date of maximum medical improvement for 3
the lifetime of the employee at the weekly rate of 4
compensation in effect under this subsection on the date of 5
the injury for which compensation is being made. The word 6
"employee" as used in this section shall not include the 7
injured worker's dependents, estate, or other persons to 8
whom compensation may be payable as provided in subsection 1 9
of section 287.020. The amount of such compensation shall 10
be computed as follows: 11
(1) For all injuries occurring on or after September 12
28, 1983, but before September 28, 1986, the weekly 13
compensation shall be an amount equal to sixty-six and two- 14
thirds percent of the injured employee's average weekly 15
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earnings during the year immediately preceding the injury, 16
as of the date of the injury; provided that the weekly 17
compensation paid under this subdivision shall not exceed an 18
amount equal to seventy percent of the state average weekly 19
wage, as such wage is determined by the division of 20
employment security, as of the July first immediately 21
preceding the date of injury; 22
(2) For all injuries occurring on or after September 23
28, 1986, but before August 28, 1990, the weekly 24
compensation shall be an amount equal to sixty-six and two- 25
thirds percent of the injured employee's average weekly 26
earnings during the year immediately preceding the injury, 27
as of the date of the injury; provided that the weekly 28
compensation paid under this subdivision shall not exceed an 29
amount equal to seventy-five percent of the state average 30
weekly wage, as such wage is determined by the division of 31
employment security, as of the July first immediately 32
preceding the date of injury; 33
(3) For all injuries occurring on or after August 28, 34
1990, but before August 28, 1991, the weekly compensation 35
shall be an amount equal to sixty-six and two-thirds percent 36
of the injured employee's average weekly earnings as of the 37
date of the injury; provided that the weekly compensation 38
paid under this subdivision shall not exceed an amount equal 39
to one hundred percent of the state average weekly wage; 40
(4) For all injuries occurring on or after August 28, 41
1991, the weekly compensation shall be an amount equal to 42
sixty-six and two-thirds percent of the injured employee's 43
average weekly earnings as of the date of the injury; 44
provided that the weekly compensation paid under this 45
subdivision shall not exceed an amount equal to one hundred 46
five percent of the state average weekly wage; 47
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(5) For all injuries occurring on or after September 48
28, 1981, the weekly compensation shall in no event be less 49
than forty dollars per week. 50
2. Permanent total disability benefits that have 51
accrued through the date of the injured employee's death are 52
the only permanent total disability benefits that are to be 53
paid in accordance with section 287.230. The right to 54
unaccrued compensation for permanent total disability of an 55
injured employee terminates on the date of the injured 56
employee's death in accordance with section 287.230, and 57
does not survive to the injured employee's dependents, 58
estate, or other persons to whom compensation might 59
otherwise be payable. 60
3. (1) All claims for permanent total disability 61
shall be determined in accordance with the facts. [When an 62
injured employee receives an award for permanent total 63
disability but by the use of glasses, prosthetic appliances, 64
or physical rehabilitation the employee is restored to his 65
or her regular work or its equivalent, the life payment 66
mentioned in subsection 1 of this section shall be suspended 67
during the time in which the employee is restored to his or 68
her regular work or its equivalent.] The employer and the 69
division shall keep the file open in the case during the 70
lifetime of any injured employee who has received an award 71
of permanent total disability. 72
(2) When an injured employee receives an award for 73
permanent total disability but by the use of glasses, 74
prosthetic appliances, or physical rehabilitation the 75
employee is restored to his or her regular work or its 76
equivalent, the life payment mentioned in subsection 1 of 77
this section shall be suspended during the time in which the 78
employee is restored to his or her regular work or its 79
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equivalent. In any case where the life payment is suspended 80
under this [subsection] subdivision, the commission may at 81
reasonable times review the case and either the employee or 82
the employer may request an informal conference with the 83
commission relative to the resumption of the employee's 84
weekly life payment in the case. 85
(3) Upon filing of a written agreement signed by the 86
claimant and his or her attorney, the commission shall 87
change the name, information, or fee arrangement of the 88
attorney or law firm associated with the claimant's case. 89
4. For all claims filed on or after January 1, 2014, 90
for occupational diseases due to toxic exposure which result 91
in a permanent total disability or death, benefits in this 92
chapter shall be provided as follows: 93
(1) Notwithstanding any provision of law to the 94
contrary, such amount as due to the employee during said 95
employee's life as provided for under this chapter for an 96
award of permanent total disability and death, except such 97
amount shall only be paid when benefits under subdivisions 98
(2) and (3) of this subsection have been exhausted; 99
(2) For occupational diseases due to toxic exposure, 100
but not including mesothelioma, an amount equal to two 101
hundred percent of the state's average weekly wage as of the 102
date of diagnosis for one hundred weeks paid by the 103
employer; and 104
(3) In cases where occupational diseases due to toxic 105
exposure are diagnosed to be mesothelioma: 106
(a) For employers that have elected to accept 107
mesothelioma liability under this subsection, an additional 108
amount of three hundred percent of the state's average 109
weekly wage for two hundred twelve weeks shall be paid by 110
the employer or group of employers such employer is a member 111
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of. Employers that elect to accept mesothelioma liability 112
under this subsection may do so by either insuring their 113
liability, by qualifying as a self-insurer, or by becoming a 114
member of a group insurance pool. A group of employers may 115
enter into an agreement to pool their liabilities under this 116
subsection. If such group is joined, individual members 117
shall not be required to qualify as individual self- 118
insurers. Such group shall comply with section 287.223. In 119
order for an employer to make such an election, the employer 120
shall provide the department with notice of such an election 121
in a manner established by the department. The provisions 122
of this paragraph shall expire on December 31, 2038; or 123
(b) For employers who reject mesothelioma under this 124
subsection, then the exclusive remedy provisions under 125
section 287.120 shall not apply to such liability. The 126
provisions of this paragraph shall expire on December 31, 127
2038; and 128
(4) The provisions of subdivision (2) and paragraph 129
(a) of subdivision (3) of this subsection shall not be 130
subject to suspension of benefits as provided in subsection 131
3 of this section; and 132
(5) Notwithstanding any other provision of this 133
chapter to the contrary, should the employee die before the 134
additional benefits provided for in subdivision (2) and 135
paragraph (a) of subdivision (3) of this subsection are 136
paid, the additional benefits are payable to the employee's 137
spouse or children, natural or adopted, legitimate or 138
illegitimate, in addition to benefits provided under section 139
287.240. If there is no surviving spouse or children and 140
the employee has received less than the additional benefits 141
provided for in subdivision (2) and paragraph (a) of 142
subdivision (3) of this subsection the remainder of such 143
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additional benefits shall be paid as a single payment to the 144
estate of the employee; 145
(6) The provisions of subdivision (1) of this 146
subsection shall not be construed to affect the employee's 147
ability to obtain medical treatment at the employer's 148
expense or any other benefits otherwise available under this 149
chapter. 150
5. Any employee who obtains benefits under subdivision 151
(2) of subsection 4 of this section for acquiring asbestosis 152
who later obtains an award for mesothelioma shall not 153
receive more benefits than such employee would receive 154
having only obtained benefits for mesothelioma under this 155
section. 156
287.470. 1. Upon its own motion or upon the 1
application of any party in interest on the ground of a 2
change in condition, the commission may at any time upon a 3
rehearing after due notice to the parties interested review 4
any award and on such review may make an award ending, 5
diminishing or increasing the compensation previously 6
awarded, subject to the maximum or minimum provided in this 7
chapter, and shall immediately send to the parties and the 8
employer's insurer a copy of the award. No such review 9
shall affect such award as regards any moneys paid. 10
2. Upon the filing of a written agreement signed by 11
the claimant and his or her attorney, the commission shall 12
change the name, information, or fee arrangement of the 13
attorney or law firm associated with the claimant's case. 14
287.610. 1. After August 28, 2005, the division may 1
appoint additional administrative law judges for a maximum 2
of [forty] forty-one authorized administrative law judges. 3
Appropriations shall be based upon necessity, measured by 4
the requirements and needs of each division office. 5
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Administrative law judges shall be duly licensed lawyers 6
under the laws of this state. Administrative law judges 7
shall not practice law or do law business and shall devote 8
their whole time to the duties of their office. All 9
administrative law judges shall retire from such position at 10
the age of seventy years. The provisions of section 36.025 11
shall not apply to administrative law judges. The director 12
of the division of workers' compensation shall publish and 13
maintain on the division's website the appointment dates or 14
initial dates of service for all administrative law judges. 15
2. [The thirteen administrative law judges with the 16
most years of service shall be subject to a retention vote 17
on August 28, 2008. The next thirteen administrative law 18
judges with the most years of service in descending order 19
shall be subject to a retention vote on August 28, 2012. 20
Administrative law judges appointed and not previously 21
referenced in this subsection shall be subject to a 22
retention vote on August 28, 2016. Subsequent retention 23
votes shall be held every twelve years. Any administrative 24
law judge who has received two or more votes of no 25
confidence under performance audits by the committee shall 26
not receive a vote of retention. 27
3. The administrative law judge review committee 28
members shall not have any direct or indirect employment or 29
financial connection with a workers' compensation insurance 30
company, claims adjustment company, health care provider nor 31
be a practicing workers' compensation attorney. All members 32
of the committee shall have a working knowledge of workers' 33
compensation. 34
4. The committee shall within thirty days of 35
completing each performance audit make a recommendation of 36
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confidence or no confidence for each administrative law 37
judge. 38
5.] The administrative law judges appointed by the 39
division shall only have jurisdiction to hear and determine 40
claims upon original hearing and shall have no jurisdiction 41
upon any review hearing, either in the way of an appeal from 42
an original hearing or by way of reopening any prior award, 43
except to correct a clerical error in an award or settlement 44
if the correction is made by the administrative law judge 45
within twenty days of the original award or settlement. The 46
labor and industrial relations commission may remand any 47
decision of an administrative law judge for a more complete 48
finding of facts. The commission may also correct a 49
clerical error in awards or settlements within thirty days 50
of its final award. With respect to original hearings, the 51
administrative law judges shall have such jurisdiction and 52
powers as are vested in the division of workers' 53
compensation under other sections of this chapter, and 54
wherever in this chapter the word "commission", 55
"commissioners" or "division" is used in respect to any 56
original hearing, those terms shall mean the administrative 57
law judges appointed under this section. When a hearing is 58
necessary upon any claim, the division shall assign an 59
administrative law judge to such hearing. Any 60
administrative law judge shall have power to approve 61
contracts of settlement, as provided by section 287.390, 62
between the parties to any compensation claim or dispute 63
under this chapter pending before the division of workers' 64
compensation. Any award by an administrative law judge upon 65
an original hearing shall have the same force and effect, 66
shall be enforceable in the same manner as provided 67
elsewhere in this chapter for awards by the labor and 68
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industrial relations commission, and shall be subject to 69
review as provided by section 287.480. 70
[6.] 3. Any of the administrative law judges employed 71
pursuant to this section may be assigned on a temporary 72
basis to the branch offices as necessary in order to ensure 73
the proper administration of this chapter. 74
[7.] 4. All administrative law judges shall be 75
required to participate in, on a continuing basis, specific 76
training that shall pertain to those elements of knowledge 77
and procedure necessary for the efficient and competent 78
performance of the administrative law judges' required 79
duties and responsibilities. Such training requirements 80
shall be established by the division subject to 81
appropriations and shall include training in medical 82
determinations and records, mediation and legal issues 83
pertaining to workers' compensation adjudication. Such 84
training may be credited toward any continuing legal 85
education requirements. 86
[8. (1) The administrative law judge review committee 87
shall conduct a performance audit of all administrative law 88
judges every two years. The audit results, stating the 89
committee's recommendation of confidence or no confidence of 90
each administrative law judge shall be sent to the governor 91
no later than the first week of each legislative session 92
immediately following such audit. Any administrative law 93
judge who has received three or more votes of no confidence 94
under two successive performance audits by the committee may 95
have their appointment immediately withdrawn. 96
(2) The review committee shall consist of one member 97
appointed by the president pro tem of the senate, one member 98
appointed by the minority leader of the senate, one member 99
appointed by the speaker of the house of representatives, 100
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and one member appointed by the minority leader of the house 101
of representatives. The governor shall appoint to the 102
committee one member selected from the commission on 103
retirement, removal, and discipline of judges. This 104
member shall act as a member ex officio and shall not have a 105
vote in the committee. The committee shall annually elect a 106
chairperson from its members for a term of one year. The 107
term of service for all members shall be two years. The 108
review committee members shall all serve without 109
compensation. Necessary expenses for review committee 110
members and all necessary support services to the review 111
committee shall be provided by the division.] 112
5. The director of the division may file a complaint 113
with the administrative hearing commission, as provided 114
under chapter 621, seeking to remove an administrative law 115
judge from office if the administrative law judge: 116
(1) Has committed any felony, as defined in 117
subdivision (26) of section 556.061, or misdemeanor, as 118
defined in subdivision (33) of section 556.061, regardless 119
of whether a criminal charge has been filed; 120
(2) Has been convicted, or has entered a plea of 121
guilty or nolo contendere in a criminal prosecution under 122
the laws of any state, the United States, or of any country, 123
regardless of whether sentence is imposed; 124
(3) Is guilty of misconduct, habitual intoxication, 125
willful neglect of duty, corruption in office, or 126
incompetency; or 127
(4) Has committed any act that involves moral 128
turpitude or oppression in office. 129
6. (1) Prior to the filing of the complaint, the 130
director shall notify the administrative law judge in 131
writing of the reasons for the complaint. 132
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(2) If the reason for the complaint is willful neglect 133
of duty or incompetency, the administrative law judge shall 134
have ninety days from the date the complaint was made to 135
remedy the complained of behavior. If such complained of 136
behavior has not been remedied after ninety days, the 137
director may file the complaint with the administrative 138
hearing commission as provided by chapter 621. 139
7. After the director has filed a complaint with the 140
administrative hearing commission, the proceedings shall be 141
conducted in accordance with the provisions of chapter 621. 142
Upon a finding by the administrative hearing commission that: 143
(1) The grounds, provided in subsection 5 of this 144
section, for disciplinary action are met, the director may, 145
singly or in combination, issue the following disciplinary 146
actions against the administrative law judge: removal from 147
office, suspension from the performance of duties for a 148
period of time, or other discipline as determined by the 149
director. The director shall make a record of written 150
findings of fact and conclusions of law with respect to the 151
issues and shall put a copy of such record in the 152
administrative law judge's permanent file; or 153
(2) There are no grounds for disciplinary action, the 154
administrative law judge shall immediately resume duties and 155
shall receive any attorney's fees due under section 536.087. 156
8. Notwithstanding any provision of this section to 157
the contrary, the following events or acts by an 158
administrative law judge are deemed to be an immediate 159
threat to the administration of the provisions of chapter 160
287 and shall be considered cause for suspension with pay of 161
the administrative law judge without notice, at the 162
discretion of the director: 163
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(1) A crime for which the administrative law judge is 164
being held without bond for a period of more than fourteen 165
days; 166
(2) Suspension or revocation of a license to practice 167
law; or 168
(3) A declaration of incapacity by a court of 169
competent jurisdiction. 170
9. No rule or portion of a rule promulgated pursuant 171
to the authority of this section shall become effective 172
unless it has been promulgated pursuant to the provisions of 173
chapter 536. 174
287.615. 1. The division may appoint or employ such 1
persons as may be necessary to the proper administration of 2
this chapter. All salaries to clerical employees shall be 3
fixed by the division and approved by the labor and 4
industrial relations commission. Beginning January 1, 2006, 5
the annual salary of each administrative law judge[,] and 6
administrative law judge in charge[, and chief legal 7
counsel] shall be as follows: 8
(1) [For any chief legal counsel located at the 9
division office in Jefferson City, Missouri, compensation at 10
two thousand dollars above eighty percent of the rate at 11
which an associate circuit judge is compensated; 12
(2)] For each administrative law judge, compensation 13
at ninety percent of the rate at which an associate division 14
circuit judge is compensated; 15
[(3)] (2) For each administrative law judge in charge, 16
compensation at the same rate as an administrative law judge 17
plus [five] ten thousand dollars. 18
2. Administrative law judges' and chief administrative 19
law judges' compensation shall be determined solely by the 20
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rate outlined in this section and shall not increase when 21
pay raises for executive employees are appropriated. 22
3. In the event that any administrative law judge is 23
deployed as a member of the National Guard, the judge shall 24
receive up to one hundred twenty days of salary, but in no 25
event longer than the period of deployment. 26
4. The salary of the director of the division of 27
workers' compensation shall be set by the director of the 28
department of labor and industrial relations, but shall not 29
be less than the salary plus two thousand dollars of an 30
administrative law judge in charge. The appointees in each 31
classification shall be selected as nearly as practicable in 32
equal numbers from each of the two political parties casting 33
the highest and the next highest number of votes for 34
governor in the last preceding state election. 35
287.812. As used in sections 287.812 to 287.855, 1
unless the context clearly requires otherwise, the following 2
terms shall mean: 3
(1) "Administrative law judge", any person appointed 4
pursuant to section 287.610 or section 621.015, or any 5
person who hereafter may have by law all of the powers now 6
vested by law in administrative law judges appointed under 7
the provisions of the workers' compensation law; 8
(2) "Beneficiary", a surviving spouse married to the 9
deceased administrative law judge or legal advisor of the 10
division of workers' compensation continuously for a period 11
of at least two years immediately preceding the 12
administrative law judge's or legal advisor's death and also 13
on the day of the last termination of such person's 14
employment as an administrative law judge or legal advisor 15
for the division of workers' compensation, or if there is no 16
surviving spouse eligible to receive benefits, any minor 17
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child of the deceased administrative law judge or legal 18
advisor, or any child of the deceased administrative law 19
judge or legal advisor who, regardless of age, is unable to 20
support himself because of intellectual disability, disease 21
or disability, or any physical handicap or disability, who 22
shall share in the benefits on an equal basis with all other 23
beneficiaries; 24
(3) "Benefit", a series of equal monthly payments 25
payable during the life of an administrative law judge or 26
legal advisor of the division of workers' compensation 27
retiring pursuant to the provisions of sections 287.812 to 28
287.855 or payable to a beneficiary as provided in sections 29
287.812 to 287.850; 30
(4) "Board", the board of trustees of the Missouri 31
state employees' retirement system; 32
(5) ["Chief legal counsel", any person appointed or 33
employed under section 287.615 to serve in the capacity of 34
legal counsel to the division; 35
(6)] "Division", the division of workers' compensation 36
of the state of Missouri; 37
[(7)] (6) "Legal advisor", any person appointed or 38
employed pursuant to section 287.600[,] or 287.615[, or 39
287.616] to serve in the capacity as a legal advisor or an 40
associate administrative law judge and any person appointed 41
pursuant to section 286.010 or pursuant to section 295.030, 42
and any attorney or legal counsel appointed or employed 43
pursuant to section 286.070; 44
[(8)] (7) "Salary", the total annual compensation paid 45
for personal services as an administrative law judge or 46
legal advisor, or both, of the division of workers' 47
compensation by the state or any of its political 48
subdivisions. 49
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287.835. [1. No benefits provided pursuant to 1
sections 287.812 to 287.855 shall be paid to any person who 2
has been removed from office by impeachment or for 3
misconduct, nor to any person who has been disbarred from 4
the practice of law, nor to the beneficiary of any such 5
persons. 6
2.] The board of trustees of the Missouri state 7
employees' retirement system shall cease paying benefits to 8
any beneficiary of an administrative law judge or legal 9
advisor who is charged with the intentional killing of the 10
administrative law judge or legal advisor without legal 11
excuse or justification. A beneficiary who is convicted of 12
such charges shall no longer be entitled to receive 13
benefits. If the beneficiary is not convicted of such 14
charge, the board shall resume payment of benefits and shall 15
pay the beneficiary any benefits that were suspended pending 16
resolution of such charge. 17
621.045. 1. The administrative hearing commission 1
shall conduct hearings and make findings of fact and 2
conclusions of law in those cases when, under the law, a 3
license issued by any of the following agencies may be 4
revoked or suspended or when the licensee may be placed on 5
probation or when an agency refuses to permit an applicant 6
to be examined upon his or her qualifications or refuses to 7
issue or renew a license of an applicant who has passed an 8
examination for licensure or who possesses the 9
qualifications for licensure without examination: 10
Missouri State Board of Accountancy 11
Missouri State Board for Architects, Professional 12
Engineers, Professional Land Surveyors and Landscape 13
Architects 14
Board of Barber Examiners 15
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Board of Cosmetology 16
Board of Chiropody and Podiatry 17
Board of Chiropractic Examiners 18
Missouri Dental Board 19
Board of Embalmers and Funeral Directors 20
Board of Registration for the Healing Arts 21
Board of Nursing 22
Board of Optometry 23
Board of Pharmacy 24
Missouri Real Estate Commission 25
Missouri Veterinary Medical Board 26
Supervisor of Liquor Control 27
Department of Health and Senior Services 28
Department of Commerce and Insurance 29
Department of Mental Health 30
Board of Private Investigator Examiners. 31
2. If in the future there are created by law any new 32
or additional administrative agencies which have the power 33
to issue, revoke, suspend, or place on probation any 34
license, then those agencies are under the provisions of 35
this law. 36
3. The administrative hearing commission is authorized 37
to conduct hearings and make findings of fact and 38
conclusions of law in those cases brought by the Missouri 39
state board for architects, professional engineers, 40
professional land surveyors and landscape architects against 41
unlicensed persons under section 327.076. 42
4. The administrative hearing commission is authorized 43
to conduct hearings and make findings of fact and 44
conclusions of law in those cases brought by the division of 45
workers' compensation of the department of labor and 46
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industrial relations against administrative law judges under 47
section 287.610. 48
5. Notwithstanding any other provision of this section 49
to the contrary, after August 28, 1995, in order to 50
encourage settlement of disputes between any agency 51
described in subsection 1 or 2 of this section and its 52
licensees, any such agency shall: 53
(1) Provide the licensee with a written description of 54
the specific conduct for which discipline is sought and a 55
citation to the law and rules allegedly violated, together 56
with copies of any documents which are the basis thereof and 57
the agency's initial settlement offer, or file a contested 58
case against the licensee; 59
(2) If no contested case has been filed against the 60
licensee, allow the licensee at least sixty days, from the 61
date of mailing, to consider the agency's initial settlement 62
offer and to contact the agency to discuss the terms of such 63
settlement offer; 64
(3) If no contested case has been filed against the 65
licensee, advise the licensee that the licensee may, either 66
at the time the settlement agreement is signed by all 67
parties, or within fifteen days thereafter, submit the 68
agreement to the administrative hearing commission for 69
determination that the facts agreed to by the parties to the 70
settlement constitute grounds for denying or disciplining 71
the license of the licensee; and 72
(4) In any contact under this subsection by the agency 73
or its counsel with a licensee who is not represented by 74
counsel, advise the licensee that the licensee has the right 75
to consult an attorney at the licensee's own expense. 76
[5.] 6. If the licensee desires review by the 77
administrative hearing commission under subdivision (3) of 78
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subsection [4] 5 of this section at any time prior to the 79
settlement becoming final, the licensee may rescind and 80
withdraw from the settlement and any admissions of fact or 81
law in the agreement shall be deemed withdrawn and not 82
admissible for any purposes under the law against the 83
licensee. Any settlement submitted to the administrative 84
hearing commission shall not be effective and final unless 85
and until findings of fact and conclusions of law are 86
entered by the administrative hearing commission that the 87
facts agreed to by the parties to the settlement constitute 88
grounds for denying or disciplining the license of the 89
licensee. 90
[6.] 7. When a holder of a license, registration, 91
permit, or certificate of authority issued by the division 92
of professional registration or a board, commission, or 93
committee of the division of professional registration 94
against whom an affirmative decision is sought has failed to 95
plead or otherwise respond in the contested case and 96
adequate notice has been given under sections 536.067 and 97
621.100 upon a properly pled writing filed to initiate the 98
contested case under this chapter or chapter 536, a default 99
decision shall be entered against the licensee without 100
further proceedings. The default decision shall grant such 101
relief as requested by the division of professional 102
registration, board, committee, commission, or office in the 103
writing initiating the contested case as allowed by law. 104
Upon motion stating facts constituting a meritorious defense 105
and for good cause shown, a default decision may be set 106
aside. The motion shall be made within a reasonable time, 107
not to exceed thirty days after entry of the default 108
decision. "Good cause" includes a mistake or conduct that 109
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is not intentionally or recklessly designed to impede the 110
administrative process. 111
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