Mo. Rev. Stat. » Chapter 361
Missouri Revised Statutes

Mo. Rev. Stat. § 361.095 (2026)

Procedure on appeals

✓ current as of May 2026
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  361.095.  Procedure on appeals — costs — parties — judicial review. — 1.  The state banking and savings and loan board shall make rules and regulations, consistent with applicable law, for the proceedings in connection with the appeals provided for in section 361.094.  No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

  2.  The costs of the appeal shall be assessed against the losing party, and the board may require the deposit of a reasonable sum for the payment of costs at the time the appeal is brought.

  3.  At any hearing provided for in section 361.094 the director of the division of finance shall be deemed a party, and any person claiming to be adversely affected and any bank, trust company or national banking association located in the city or town and county in which the proposed bank or trust company is to be located upon incorporation or relocation may intervene.

  4.  The director of the division of finance shall act in accordance with any order of the state banking and savings and loan board made pursuant to section 361.094, but the order of the board shall be subject to judicial review as provided by law.  Whether or not any review shall operate as a stay of the board's order shall be determined by the board.

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(L. 1955 p. 263 § 5, A.L. 1967 p. 445, A.L. 1980 H.B. 1071, A.L. 1995 S.B. 3, A.L. 2011 H.B. 464)

Notes of Decisions
Cited in 8 cases, 1956–1993 · 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 87× “The Clayton Bank and the First National Bank of Clayton (hereinafter referred to as the opponent banks), as provided in subparagraph 3 of Section 361.095, RSMo 1969, were permitted to intervene in the hearing conducted by the State Banking Board pursuant to Section 361.”
Marshfield Cmty. Bank v. State Banking Bd., 496 S.W.2d 17 (Mo. Ct. App. 1973). · cites it 7× “§ 361.095(3), RSMo 1969, V.A.M.S. Two of the dissident banks in the case at hand elected to appeal from the Commissioner’s decision; the remaining five chose to intervene on that appeal.”
State Ex Rel. Rouveyrol v. Donnelly, 285 S.W.2d 669 (Mo. 1956). · cites it 3× “The 68th General Assembly amended the banking laws to provide for an appeal board of five members to be appointed by the governor and further specifically provided that the commissioner of finance shall be deemed a party *698 to an appeal proceeding before the board and that…”
Bank of Belton v. State Banking Bd., 554 S.W.2d 451 (Mo. Ct. App. 1977). · cites it 2× “§ 361.095, RSMo 1969. The provisions of law [§ 536.”
Farmer's Bank of Antonia v. Kostman, 577 S.W.2d 915 (Mo. Ct. App. 1979). · cites it 2× “In the case of dispute, the lawmakers have constituted the State Banking Board as the arbiter of the merits and as the conservator of the public interest, with the power to override the Director and bind him to that decision, subject only to judicial review.”
Glasnapp v. State Banking Bd., 545 S.W.2d 382 (Mo. Ct. App. 1976). “After a contested hearing, the Board issued its order affirming the Commissioner, from which appellants sought judicial review in the Circuit Court of Jackson County under Sections 361.095(4) and 536.100. (All statutory references are to RSMo 1969.”
Eureka Fire Prot. Dist. of St. Louis Cnty. v. Hoene, 623 S.W.2d 79 (Mo. Ct. App. 1981). “banc 1981) [see § 361.095(4)]; Alpha Portland Cement Co. v.”
Gold Cross Ambulance, Inc. v. Missouri Dep't of Health, 866 S.W.2d 473 (Mo. Ct. App. 1993). · cites it 2× “Section 361.095(3) and chapter 362 RSMo (1986).”
— Mo. Rev. Stat. § 361.095(3) — 2 cases
Marshfield Cmty. Bank v. State Banking Bd., 496 S.W.2d 17 (Mo. Ct. App. 1973). “§ 361.095(3), RSMo 1969, V.A.M.S. Two of the dissident banks in the case at hand elected to appeal from the Commissioner’s decision; the remaining five chose to intervene on that appeal.”
Gold Cross Ambulance, Inc. v. Missouri Dep't of Health, 866 S.W.2d 473 (Mo. Ct. App. 1993). “Section 361.095(3) and chapter 362 RSMo (1986).”
— Mo. Rev. Stat. § 361.095(4) — 3 cases
Marshfield Cmty. Bank v. State Banking Bd., 496 S.W.2d 17 (Mo. Ct. App. 1973). “§ 361.095(3), RSMo 1969, V.A.M.S. Two of the dissident banks in the case at hand elected to appeal from the Commissioner’s decision; the remaining five chose to intervene on that appeal.”
Glasnapp v. State Banking Bd., 545 S.W.2d 382 (Mo. Ct. App. 1976). “After a contested hearing, the Board issued its order affirming the Commissioner, from which appellants sought judicial review in the Circuit Court of Jackson County under Sections 361.095(4) and 536.100. (All statutory references are to RSMo 1969.”
Eureka Fire Prot. Dist. of St. Louis Cnty. v. Hoene, 623 S.W.2d 79 (Mo. Ct. App. 1981). “banc 1981) [see § 361.095(4)]; Alpha Portland Cement Co. v.”
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