Missouri Revised Statutes

Mo. Rev. Stat. § 361.094 (2026)

Board to determine appeals

✓ current as of May 2026

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361.094. Board to determine appeals — procedure — hearing officer authorized. — 1. The state banking and savings and loan board shall with reasonable promptness hear and by order determine all appeals permitted by law from refusals of the director of finance to grant certificates of incorporation to the proposed incorporators of banks, from refusals of the director of finance to issue certificates permitting changes in the articles of agreement of banks to provide for the relocation of these banks in other communities, from refusals of the director of finance to grant certificates of incorporation to the proposed incorporators of trust companies, and from refusals of the director of finance to issue certificates permitting changes in the articles of agreement of trust companies to provide for the relocation of these trust companies in other communities.

2. The state banking and savings and loan board shall hear and by order determine an appeal from the action of the director granting the incorporation or relocation of a bank or trust company upon application filed within ten days after the director's action by a bank, trust company, national banking association or other persons claiming to be adversely affected thereby. The application shall state the grounds upon which it is alleged that the action of the director should be stayed, reversed or altered. In reviewing an application for appeal, the board shall have access to all of the records and information used by the director in making his decision. A decision shall be rendered on the appeal within ninety days from the date of the application for appeal.

3. The board shall establish such rules as may be necessary to give effect to the provisions of this section. The rules may provide that the board or the chairman of the board may delegate responsibility for the conduct of investigations and the hearing of appeals provided under any section of this law to a member of the board or to a hearing officer designated by the board. Such hearing officer shall have the power to administer oaths, subpoena witnesses, compel the production of records pertinent to any hearing, and take any action in connection with such hearing which the board itself is authorized to take by law other than making the final decision and appropriate order. When the hearing has been completed, the individual board member or the hearing officer who conducted the hearing shall prepare a summary thereof and recommend a findings of fact, conclusions of law, decision and appropriate order for approval of the board. The board may adopt such recommendations in whole or in part, require the production of additional testimony, reassign the case for rehearing, or may itself conduct such new or additional hearing as is deemed necessary prior to rendering a final decision.

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(L. 1955 p. 263 § 4, A.L. 1967 p. 445, A.L. 1978 H.B. 1057, A.L. 2011 H.B. 464)

(1974) Revocation of bank charter by the state banking board does not extinguish the bank's legal capacity to appeal the board's decision. Central Bank of Clayton v. State Banking Board of Missouri (A.), 509 S.W.2d 175.

Notes of Decisions

Cited in 15 cases, 1956–2003 · leading case: Kostman v. Pine Lawn Bank & Trust Co., 540 S.W.2d 72 (Mo. 1976).

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Kostman v. Pine Lawn Bank & Trust Co., 540 S.W.2d 72 (Mo. 1976). · cites it 69× “095, RSMo 1969, were permitted to intervene in the hearing conducted by the State Banking Board pursuant to Section 361.094, RSMo 1969, regarding the applicant bank's appeal.”

Bank of Washington v. McAuliffe, 676 S.W.2d 483 (Mo. 1984). · cites it 8× “§ 361.094, RSMo 1978. The circuit court affirmed the Board's order.”

Bank of Belton v. State Banking Bd., 554 S.W.2d 451 (Mo. Ct. App. 1977). · cites it 11× “§ 361.094, RSMo 1969, establishes procedures for review of orders by the Commissioner of Finance for approval or denial of applications for the incorporation or relocation of banks.”

Bank of Crestwood v. Gravois Bank, 616 S.W.2d 505 (Mo. 1981). · cites it 6× “Section 361.094, RSMo 1978, requires the Banking Board to hear appeals from refusals of the director (commissioner) to: "1.”

State Ex Rel. Rouveyrol v. Donnelly, 285 S.W.2d 669 (Mo. 1956). · cites it 4× “” § 361.094, RSMo. Cum.- Supp. 1955, L. 1955, H.”

Cent. Bank of Clayton v. State Banking Bd. of Missouri, 509 S.W.2d 175 (Mo. Ct. App. 1974). · cites it 4× “§ 361.094, RSMo 1969, V.A.M.S., covering appeals to the Banking Board from decisions of the Commissioner of Finance, states that, “ .”

Marshfield Cmty. Bank v. State Banking Bd., 496 S.W.2d 17 (Mo. Ct. App. 1973). · cites it 5× “(2) Essential to the argument is the assumption it makes that the quoted provision of § 361.094, RSMo 1969, V.A. M.S., was somehow waived by the Board, to the undeserved advantage of the appealing banks.”

Washington Com. Bank v. Bollwerk, 582 S.W.2d 695 (Mo. Ct. App. 1979). · cites it 4× “-030 and § 361.094(2) RSMo 1969 to the facts of this case.”

Broadway Nat'l Bank v. Linwood State Bank, 456 S.W.2d 296 (Mo. 1970). · cites it 5× “” *300 The application for an appeal to the Bank Board does not appear in the record, but the parties assumed that the review was pursuant to Section 361.094, which provides as follows: “1.”

Blue Ridge Bank v. State Banking Bd., 509 S.W.2d 763 (Mo. Ct. App. 1974). · cites it 3× “The Board conducted the hearing required by § 361.094, RSMo 1969, V.A.M. S. — at which extensive testimony, graphs, charts, maps, expert studies and statistical data were received — entered findings of fact and conclusions of law and affirmed the decision of the Commissioner.”

Farmer's Bank of Antonia v. Kostman, 577 S.W.2d 915 (Mo. Ct. App. 1979). “093 which directs the Board to advise with the Director as to the administration of his office and the banking laws and to make recommendations to the general assembly as to changes in these laws; and from § 361.094 which provides for appeals to the Board from decisions of the…”

State Ex Rel. Rogers v. Bd. of Police Commissioners, 995 S.W.2d 1 (Mo. Ct. App. 1999). “110 (providing for agriculture hearing officers to hear matters relating to violations of the statutes regulating petroleum gas); § 361.094 (authorizing the banking board to delegate responsibility for the hearing of appeals to a hearing officer); § 444.”

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— Mo. Rev. Stat. § 361.094(2) — 4 cases

Washington Com. Bank v. Bollwerk, 582 S.W.2d 695 (Mo. Ct. App. 1979). “-030 and § 361.094(2) RSMo 1969 to the facts of this case.”

Marshfield Cmty. Bank v. State Banking Bd., 496 S.W.2d 17 (Mo. Ct. App. 1973). “(2) Essential to the argument is the assumption it makes that the quoted provision of § 361.094, RSMo 1969, V.A. M.S., was somehow waived by the Board, to the undeserved advantage of the appealing banks.”

Cent. Bank of Clayton v. State Banking Bd. of Missouri, 509 S.W.2d 175 (Mo. Ct. App. 1974). “§ 361.094, RSMo 1969, V.A.M.S., covering appeals to the Banking Board from decisions of the Commissioner of Finance, states that, “ .”

Broadway Nat'l Bank v. Linwood State Bank, 456 S.W.2d 296 (Mo. 1970). “” *300 The application for an appeal to the Bank Board does not appear in the record, but the parties assumed that the review was pursuant to Section 361.094, which provides as follows: “1.”

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