Section 536.100

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 536

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.

­­--------

(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.