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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 375

previous next Effective - 28 Aug 1991bottom

  375.944.  Judicial review — decree, order — additional evidence — finality of order, when. — 1.  Any person, including any person who has been permitted to intervene, who is aggrieved by a final order or decision of the director shall be entitled to judicial review thereof, as provided in sections 536.100 to 536.140.

  2.  The court shall make and enter upon the pleadings, evidence and proceedings set forth in the transcript a decree modifying, affirming or reversing the order of the director, in whole or in part.  To the extent that the order of the director is affirmed, the court shall thereupon issue its own order commanding obedience to the terms of such order of the director.  If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the director, the court may order such additional evidence to be taken before the director and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may deem proper.  The director may modify his findings of fact, or make new findings by reason of the additional evidence so taken, and he shall file such modified or new findings which are supported by evidence on the record and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.

  3.  An order issued by the director under section 375.942 shall become final:

  (1)  Upon the expiration of the time allowed for filing a petition for review if no such petition has been duly filed within such time; except that the director may thereafter modify or set aside his order to the extent provided in subsection 2 of section 375.942; or

  (2)  Upon the final decision of the court if the court directs that the order of the director be affirmed or the petition for review dismissed.

  4.  No order of the director under section 375.942 or order of a court to enforce the same shall in any way relieve or absolve any person affected by such order from any liability under any other laws of this state.

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(L. 1959 H.B. 251 § 8, A.L. 1991 S.B 53)


---- end of effective   28 Aug 1991 ----

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