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Chapter 382

Effective - 28 Aug 1971 bottom

  382.300.  Appeals from director's action, procedure. — 1.  Any person aggrieved by any act, determination, rule, regulation, order or any other action of the director pursuant to sections 382.010 to 382.300 may appeal therefrom to the circuit court for Cole County.  The court shall conduct its review without a jury and by trial de novo, but if all parties, including the director, so stipulate, the review shall be confined to the record.  Portions of the records may be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.

  2.  The filing of an appeal pursuant to this section shall stay the application of any rule, regulation, order or other action of the director to the appealing party unless the court, after giving such party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors or the public.

  3.  Any person aggrieved by any failure of the director to act or make a determination required by sections 382.010 to 382.300 may petition the circuit court for Cole County for a writ in the nature of a mandamus or a peremptory mandamus directing the director to act or make the determination forthwith.


(L. 1971 S.B. 101 § 33)

---- end of effective   28 Aug 1971 ----

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