303.290. Director's duties — regulations — judicial review. — 1. The director of revenue shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration and shall provide for hearings upon request of persons aggrieved by orders or acts of the director under the provisions of this chapter. Upon receipt of a request for an administrative hearing the director of revenue shall reach a final decision including findings of fact and conclusions of law within ninety days.
2. Any decision, finding or order of the director, under the provisions of this chapter shall be subject to review by appeal to the circuit court of the county of the residence of the licensee, at the instance of any party in interest, in the manner provided by chapter 536, at any time within thirty days after notice is given the licensee of such decision, finding or order. Upon such appeal the cause shall be heard de novo and the circuit court may determine the reasonableness of the director's decision, finding or order, and in disposing of the issues before it may modify, affirm, or reverse the decision, finding or order in whole or in part. Appeals from the judgment of the circuit court may be taken as in civil cases. The prosecuting attorney of the county where such appeal is taken shall appear in behalf of the director, and prosecute or defend as the case may require.
Notes of Decisions
Boyd v. Dir. of Revenue, 703 S.W.2d 19 (Mo. Ct. App. 1985).
· cites it 6× “” Appellant requested a hearing pursuant to § 303.290, RSMo (1978). The director issued its Findings of Fact and Conclusions of Law on August 6, 1984, stating it had again determined that there was “a reasonable likelihood that a judgment will be rendered against George Boyd.”
Silman v. Dir. of Revenue, 880 S.W.2d 574 (Mo. Ct. App. 1994).
· cites it 2× “Martens involved the application of § 303.290, RSMo 1986, which contains language identical to that of § 302.”
Session v. Dir. of Revenue, 417 S.W.3d 898 (Mo. Ct. App. 2014).
· cites it 2× “1 requires a final order to be issued within ninety days of the hearing request.”
Randle v. Spradling, 556 S.W.2d 10 (Mo. 1977).
· cites it 5× “Section 303.290, RSMo 1969, provides that the director of revenue “shall provide for hearings upon request of persons aggrieved by orders or acts of the director under the provisions of this chapter.”
Martens v. Dir. of Revenue, 819 S.W.2d 778 (Mo. Ct. App. 1991).
· cites it 3× “A circuit court’s review of an administrative decision pursuant to the Motor Vehicle Financial Responsibility Law is a de novo appeal, and any appeal thereafter is from the judgment of the circuit court rather than from the administrative ruling.”
Huff v. Dir. of Revenue, 778 S.W.2d 334 (Mo. Ct. App. 1989).
· cites it 3× “The Director found that respondent owned the van and had operated the van without the liability insurance required by RSMo § 303.”
Teat v. Dir. of Revenue, 806 S.W.2d 754 (Mo. Ct. App. 1991).
· cites it 2× “1, and the corresponding duties of the director and the licensee’s right to judicial review, outlined in § 303.290, constitute a “contested case.” § 536.”
Dilts v. Dir. of Revenue, 208 S.W.3d 299 (Mo. Ct. App. 2006).
· cites it 2× “Pursuant to section 303.290, Dilts filed an appeal with the Circuit Court of Platte County.”
Connaughton v. Dir. of Revenue, 760 S.W.2d 604 (Mo. Ct. App. 1988).
· cites it 3× “In meeting its responsibility of harmonizing the statutory law of our state, this court construes Chapter 536 and § 303.290 as follows: Licensees and interested parties and the proceedings within § 303.”
Daus v. Dir. of Revenue, 840 S.W.2d 892 (Mo. Ct. App. 1992).
· cites it 3× “25 does not apply to administrative proceedings. Section 536.110, RSMo 1986 is the general statute governing the procedure for review of administrative decisions and does not require responsive pleadings.”
Johnston v. Dir. of Revenue, 762 S.W.2d 444 (Mo. Ct. App. 1988).
· cites it 2× “On January 13, 1988, Johnston filed his Petition for Review pursuant to § 303.290, RSMo 1978. The hearing upon the petition was set in the Associate Circuit Court, 16th Judicial Circuit.”
Ring v. Dir. of Revenue, State, 803 S.W.2d 183 (Mo. Ct. App. 1991).
“Ring first availed himself of an administrative hearing, § 303.290, where the administrative hearing officer upheld the determination of the Director.”
Mo. Rev. Stat. § 303.290(2): 2 cases
Daus v. Dir. of Revenue, 840 S.W.2d 892 (Mo. Ct. App. 1992).
“25 does not apply to administrative proceedings. Section 536.110, RSMo 1986 is the general statute governing the procedure for review of administrative decisions and does not require responsive pleadings.”
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