Section 536.110

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 536

Effective - 28 Aug 2003   

  536.110.  Petition, when filed — process — venue. — 1.  Proceedings for review may be instituted by filing a petition in the circuit court of the county of proper venue within thirty days after the mailing or delivery of the notice of the agency's final decision.

  2.  Such petition may be filed without first seeking a rehearing, but in cases where agencies have authority to entertain motions for rehearing and such a motion is duly filed, the thirty-day period aforesaid shall run from the date of the delivery or mailing of notice of the agency's decision on such motion.  No summons shall issue in such case, but copies of the petition shall be delivered to the agency and to each party of record in the proceedings before the agency or to his attorney of record, or shall be mailed to the agency and to such party or his said attorney by registered mail, and proof of such delivery or mailing shall be filed in the case.

  3.  The venue of such cases shall, at the option of the plaintiff, be in the circuit court of Cole County or in the county of the plaintiff or of one of the plaintiff's residence or if any plaintiff is a corporation, domestic or foreign, having a registered office or business office in this state, in the county of such registered office or business office, except that, in cases involving real property or improvements thereto, the venue shall be the circuit court of the county where such real property is located.  The court in its discretion may permit other interested persons to intervene.

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(L. 1945 p. 1504 § 10, A.L. 1953 p. 679, A.L. 1978 H.B. 1634, A.L. 2003 S.B. 357)

(1969) Sections 64.660, 536.100, and this section are in pari materia. State ex rel. Day v. County Court of Platte County (A.), 442 S.W.2d 178.

(1970) This section does not apply to agencies which have their own separate review provision in their own special statute.  Brogoto v. Wiggins (Mo.), 458 S.W.2d 317.

(1971) Circuit court of city of St. Louis had jurisdiction of appeal from order of air pollution appeal board of St. Louis County where counsel of appeal board waived any objection as to venue and plaintiff appellant corporation's registered business office was in St. Louis City and county ordinance provided that decision of the board could be appealed to the circuit court under the provisions of chapter 536, RSMo.  State ex rel. Union Electric Co. v. Scott (A.), 470 S.W.2d 1.

(1977) Held, court rule 100.04 does not conflict with this section and appeal from personnel advisory board may properly be taken to the circuit court of Cole County. Mills v. Federal Soldiers' Home (Mo.), 549 S.W.2d 862.

(1979) Mandamus was remedy when city council denied a liquor license under a municipal code when all conditions were met and was not a "contested" case. State ex rel. Keeven v. City of Hazelwood, et al. (A.), 585 S.W.2d 557.

(1980) Time limits for seeking judicial review of an agency's final decision where service is by mail may not be extended under civil rule allowing three additional days where service is by mail; statutory time period is jurisdictional. R.B. Industries, Inc. v. Goldberg (Mo.), 601 S.W.2d 5.

(1980) Thirty-day period for seeking judicial review of decision of director of revenue issuing additional rules and use tax assessment began to run on date of mailing of order and period not extended under civil rule adding three additional days to length of prescribed period if notice is served by mail. R.B.  Industries, Inc. v. Goldberg (Mo.), 601 S.W.2d 5.

(1984) Medicaid disallowance by department, petition filed in circuit court not designated by statute. Subject-matter jurisdiction cannot be conferred or waived by parties. (Mo.App.E.D.) Health Enterprises v. Dept. of Soc. Services, 668 S.W.2d 185.