Decisions of commission--judicial review, when, procedure,venue--enforcement of order--breech of settlement agreement,remedy.
213.085. 1. All final decisions, settlement agreements,conciliation agreements, findings, rules and orders of thecommission under any provision of this chapter shall be inwriting. Parties to proceedings shall each be sent a copy of thecommission'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 judicialreview by filing a petition in the circuit court of the county ofproper venue within thirty days after the mailing or delivery ofthe notice of the commission's final decision.
3. Judicial review shall be in the manner provided bychapter 536, RSMo, as it may be amended or superseded from timeto time. The venue of such cases shall, at the option of theappealing party, be in the circuit court of Cole County or in thecounty of the appealing party's residence, or if the appealingparty is a corporation, domestic or foreign, having a registeredoffice or business office in this state, in the county of itsregistered office or business office.
4. If no proceeding for review is instituted in the circuitcourt within the time herein prescribed, the commission mayobtain an order in a proceeding brought in the circuit court ofthe county wherein the unlawful discriminatory practice which isthe subject of the commission's order occurred, or the countywherein any person required in the order to cease and desist froman unlawful discriminatory practice, or to take other affirmativeaction, resides or conducts business. The record on thecommission's petition for enforcement shall consist solely ofduly certified records of the commission showing that it hasjurisdiction over the respondent, that the procedure prescribedby this action has been complied with, and a certified copy ofthe commission's order with proof of service. On such apetition, the inquiry of the court shall be limited to adetermination of whether the action of the commission is inexcess of its statutory authority or jurisdiction and whether therespondent has substantially complied with the order of thecommission.
5. Where no proceeding for judicial review is filed withinthe time established under subsection 3 of this section, and thecommission has not filed a petition for enforcement of its orderin the circuit court, any person entitled to relief may, afterthe expiration of sixty days from the date of the commission'sorder, file a petition for enforcement of the commission'sdecision in a circuit court having proper venue thereof. Thecontents of the petition and the jurisdiction of the court shallbe as set forth in subsection 4 of this section.
6. Where a suit for enforcement of a commission order hasbeen filed pursuant to either subsection 4 or 5 of this section,the circuit court shall issue its order enforcing the commissiondecision, unless the party against whom enforcement is soughtaffirmatively shows that:
(1) The court is without jurisdiction or venue;
(2) Such commission order violates the provisions of theconstitution of this state or of the United States;
(3) The commission order is beyond its statutory authorityor jurisdiction; or
(4) The party has substantially complied with the order ofthe commission.
7. Where the commission deems there has been a breach ofthe terms or conditions of a settlement agreement or conciliationagreement, the commission shall institute an action in circuitcourt to enforce the terms of the agreement or to obtain theappropriate remedy for such breach. Nothing in this subsectionshall prohibit the parties to such agreement from personallyfiling suit to enforce this subsection.
Decisions of commission--judicial review, when, procedure,venue--enforcement of order--breech of settlement agreement,remedy.
213.085. 1. All final decisions, settlement agreements,conciliation agreements, findings, rules and orders of thecommission under any provision of this chapter shall be inwriting. Parties to proceedings shall each be sent a copy of thecommission'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 judicialreview by filing a petition in the circuit court of the county ofproper venue within thirty days after the mailing or delivery ofthe notice of the commission's final decision.
3. Judicial review shall be in the manner provided bychapter 536, RSMo, as it may be amended or superseded from timeto time. The venue of such cases shall, at the option of theappealing party, be in the circuit court of Cole County or in thecounty of the appealing party's residence, or if the appealingparty is a corporation, domestic or foreign, having a registeredoffice or business office in this state, in the county of itsregistered office or business office.
4. If no proceeding for review is instituted in the circuitcourt within the time herein prescribed, the commission mayobtain an order in a proceeding brought in the circuit court ofthe county wherein the unlawful discriminatory practice which isthe subject of the commission's order occurred, or the countywherein any person required in the order to cease and desist froman unlawful discriminatory practice, or to take other affirmativeaction, resides or conducts business. The record on thecommission's petition for enforcement shall consist solely ofduly certified records of the commission showing that it hasjurisdiction over the respondent, that the procedure prescribedby this action has been complied with, and a certified copy ofthe commission's order with proof of service. On such apetition, the inquiry of the court shall be limited to adetermination of whether the action of the commission is inexcess of its statutory authority or jurisdiction and whether therespondent has substantially complied with the order of thecommission.
5. Where no proceeding for judicial review is filed withinthe time established under subsection 3 of this section, and thecommission has not filed a petition for enforcement of its orderin the circuit court, any person entitled to relief may, afterthe expiration of sixty days from the date of the commission'sorder, file a petition for enforcement of the commission'sdecision in a circuit court having proper venue thereof. Thecontents of the petition and the jurisdiction of the court shallbe as set forth in subsection 4 of this section.
6. Where a suit for enforcement of a commission order hasbeen filed pursuant to either subsection 4 or 5 of this section,the circuit court shall issue its order enforcing the commissiondecision, unless the party against whom enforcement is soughtaffirmatively shows that:
(1) The court is without jurisdiction or venue;
(2) Such commission order violates the provisions of theconstitution of this state or of the United States;
(3) The commission order is beyond its statutory authorityor jurisdiction; or
(4) The party has substantially complied with the order ofthe commission.
7. Where the commission deems there has been a breach ofthe terms or conditions of a settlement agreement or conciliationagreement, the commission shall institute an action in circuitcourt to enforce the terms of the agreement or to obtain theappropriate remedy for such breach. Nothing in this subsectionshall prohibit the parties to such agreement from personallyfiling suit to enforce this subsection.
Decisions of commission--judicial review, when, procedure,venue--enforcement of order--breech of settlement agreement,remedy.
213.085. 1. All final decisions, settlement agreements,conciliation agreements, findings, rules and orders of thecommission under any provision of this chapter shall be inwriting. Parties to proceedings shall each be sent a copy of thecommission'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 judicialreview by filing a petition in the circuit court of the county ofproper venue within thirty days after the mailing or delivery ofthe notice of the commission's final decision.
3. Judicial review shall be in the manner provided bychapter 536, RSMo, as it may be amended or superseded from timeto time. The venue of such cases shall, at the option of theappealing party, be in the circuit court of Cole County or in thecounty of the appealing party's residence, or if the appealingparty is a corporation, domestic or foreign, having a registeredoffice or business office in this state, in the county of itsregistered office or business office.
4. If no proceeding for review is instituted in the circuitcourt within the time herein prescribed, the commission mayobtain an order in a proceeding brought in the circuit court ofthe county wherein the unlawful discriminatory practice which isthe subject of the commission's order occurred, or the countywherein any person required in the order to cease and desist froman unlawful discriminatory practice, or to take other affirmativeaction, resides or conducts business. The record on thecommission's petition for enforcement shall consist solely ofduly certified records of the commission showing that it hasjurisdiction over the respondent, that the procedure prescribedby this action has been complied with, and a certified copy ofthe commission's order with proof of service. On such apetition, the inquiry of the court shall be limited to adetermination of whether the action of the commission is inexcess of its statutory authority or jurisdiction and whether therespondent has substantially complied with the order of thecommission.
5. Where no proceeding for judicial review is filed withinthe time established under subsection 3 of this section, and thecommission has not filed a petition for enforcement of its orderin the circuit court, any person entitled to relief may, afterthe expiration of sixty days from the date of the commission'sorder, file a petition for enforcement of the commission'sdecision in a circuit court having proper venue thereof. Thecontents of the petition and the jurisdiction of the court shallbe as set forth in subsection 4 of this section.
6. Where a suit for enforcement of a commission order hasbeen filed pursuant to either subsection 4 or 5 of this section,the circuit court shall issue its order enforcing the commissiondecision, unless the party against whom enforcement is soughtaffirmatively shows that:
(1) The court is without jurisdiction or venue;
(2) Such commission order violates the provisions of theconstitution of this state or of the United States;
(3) The commission order is beyond its statutory authorityor jurisdiction; or
(4) The party has substantially complied with the order ofthe commission.
7. Where the commission deems there has been a breach ofthe terms or conditions of a settlement agreement or conciliationagreement, the commission shall institute an action in circuitcourt to enforce the terms of the agreement or to obtain theappropriate remedy for such breach. Nothing in this subsectionshall prohibit the parties to such agreement from personallyfiling suit to enforce this subsection.
