Effective - 28 Aug 2006, 2 histories
536.100. Party aggrieved entitled to judicial review — waiver of independent review, when. — Any person who has exhausted all administrative remedies provided by law and who is aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, shall be entitled to judicial review thereof, as provided in sections 536.100 to 536.140, unless some other provision for judicial review is provided by statute; provided, however, that nothing in this chapter contained shall prevent any person from attacking any void order of an agency at any time or in any manner that would be proper in the absence of this section. If the agency or any board, other than the administrative hearing commission, established to provide independent review of the decisions of a department or division that is authorized to promulgate rules and regulations under this chapter fails to issue a final decision in a contested case within the earlier of:
(1) Sixty days after the conclusion of a hearing on the contested case; or
(2) One hundred eighty days after the receipt by the agency of a written request for the issuance of a final decision,
then the person shall be considered to have exhausted all administrative remedies and shall be considered to have received a final decision in favor of the agency and shall be entitled to immediate judicial review as provided in sections 536.100 to 536.140 or other provision for judicial review provided by statute. In cases, whether contested or not, where the law provides for an independent review of an agency's decision by a board other than the administrative hearing commission and further provides for a de novo review of the board's decision by the circuit court, a party aggrieved by the agency's decision may, within thirty days after it receives notice of that decision, waive independent review by the board and instead file a petition in the circuit court for the de novo review of the agency's decision. The party filing the petition under this section shall be considered to have exhausted all administrative remedies.
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(L. 1945 p. 1504 § 10, A.L. 2005 H.B. 576, A.L. 2006 S.B. 1146)
(1972) Petitioners who alleged only that they were tenants in the building complex and that their interests would be injured if certain of the buildings were secured with steelplating and fencing as ordered by Board of Building Appeals but did not allege they, or any they represented, actually lived in the affected buildings, or would be evicted if the board's decision were carried out, were not "aggrieved" within the meaning of this section. State ex rel. Pruitt-Igoe District Community Corp. v. Burks (A.), 482 S.W.2d 75.
(1980) Order of State Tax Commission that county board of equalization implement plans for equal division of real property assessment in county was not reviewable as contested case under statute governing entitlement of party aggrieved to judicial review. State ex rel. Commissioners v. Schneider (Mo.), 609 S.W.2d 149.
(1980) Sales tax law established mandatory procedure for the assessment of sales tax and state has no right to commence an action for taxes due and payable until this procedure is exhausted, including administrative and judicial review. Excel Drug Co. Inc. v. Mo. Dept. of Revenue (Mo.), 609 S.W.2d 404.
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 536 - Administrative Procedure and Review
Section 536.010 - Definitions.
Section 536.014 - Rules invalid, when.
Section 536.015 - Missouri Register published at least monthly.
Section 536.019 - Effective date of rules — contingent effective date.
Section 536.022 - Suspension or termination of rules — procedure.
Section 536.025 - Emergency rule powers — procedure — definitions.
Section 536.026 - Comments on proposed rules — committees for comment.
Section 536.027 - Written comments to be retained as public record for three years.
Section 536.037 - Committee on administrative rules, members, meetings, duties — reports — expenses.
Section 536.043 - Director of social services not required to but may promulgate rules.
Section 536.046 - Public rulemaking docket, contents, publication.
Section 536.053 - Standing to challenge rule.
Section 536.060 - Informal disposition of case by stipulation — summary action — waiver.
Section 536.063 - Contested case, how instituted — pleadings — copies sent parties.
Section 536.067 - Notice in contested case — mailing — contents — notice of hearing — time for.
Section 536.075 - Discovery rule violations, sanctions.
Section 536.077 - Subpoenas, issuance — form — how served — how enforced.
Section 536.080 - Parties may file briefs — officials to hear or read evidence.
Section 536.085 - Definitions.
Section 536.090 - Decisions in writing — notice.
Section 536.095 - Contempt — procedure for punishment.
Section 536.100 - Party aggrieved entitled to judicial review — waiver of independent review, when.
Section 536.110 - Petition, when filed — process — venue.
Section 536.120 - Suspension of decisions or orders.
Section 536.130 - Record on judicial review.
Section 536.140 - Scope of judicial review — judgment — appeals.
Section 536.150 - Review by injunction or original writ, when — scope.
Section 536.160 - Refund of funds paid into court, when.
Section 536.175 - Periodic review required by state agencies, schedule, procedure.
Section 536.210 - Fiscal note forms.
Section 536.215 - Revised fiscal notes required, when — rejection, when.
Section 536.303 - Small business statement required for certain proposed rules, content.
Section 536.310 - Authority of board.
Section 536.315 - State agencies to consider board recommendations, response.
Section 536.320 - Waiver or reduction of administrative penalties, when — inapplicability, when.