536.090. Decisions in writing — notice. — Every decision and order in a contested case shall be in writing, and, except in default cases or cases disposed of by stipulation, consent order or agreed settlement, the decision, including orders refusing licenses, shall include or be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the agency bases its order. Immediately upon deciding any contested case the agency shall give written notice of its decision by delivering or mailing such notice to each party, or his attorney of record, and shall upon request furnish him with a copy of the decision, order, and findings of fact and conclusions of law.
Notes of Decisions
Cited in
133
cases (
9 in the last 5 years), 1955–2025 · leading case:
Gamble v. Hoffman, 695 S.W.2d 503 (Mo. Ct. App. 1985).
Gamble v. Hoffman, 695 S.W.2d 503 (Mo. Ct. App. 1985).
· cites it 18× “After a hearing, the court issued an interlocutory order remanding the case to the disciplinary board, ordering it to make findings of fact and draw conclusions of law in accordance with § 536.090. The court further held that Colonel Hoffman was the official charged with making…”
Complete Auto Body & Repair, Inc. v. St. Louis Cnty., 232 S.W.3d 722 (Mo. Ct. App. 2007).
· cites it 19× “DISCUSSION For its sole point on appeal, plaintiff claims that the circuit court erred in affirming the Council’s decision to deny plaintiffs application for a conditional use permit because the Council failed to enter written findings of fact and conclusions of law as required…”
Iron Cnty. v. State Tax Comm'n, 480 S.W.2d 65 (Mo. 1972).
· cites it 18× “While the ultimate issue at this stage of the proceeding is whether or not the order of the Circuit Court is an appealable order, the crux of the matter is whether or not the "Findings of Fact and Conclusions of Law" entered by the State Tax Commission constitute substantial…”
Graves v. City of Joplin, 48 S.W.3d 121 (Mo. Ct. App. 2001).
· cites it 11× “In another of his points, Appellant argues that the Board erred in ordering the demolition of the structure located at 1049 Main Street in that it failed to make written findings of fact and conclusions of law as required by Section 26-616(4) of the Joplin Code and Section…”
At & T Commc'ns of the Sw., Inc. v. Pub. Serv. Comm'n of the State, 62 S.W.3d 545 (Mo. Ct. App. 2001).
· cites it 7× “420 does not set forth the requirements for sufficient findings of fact, this court has applied the requirements for findings of fact contained in § 536.090, since § 536.090 is applicable to all decisions in contested cases.”
Friendship Vill. of South Cnty. v. Pub. Serv. Comm'n, 907 S.W.2d 339 (Mo. Ct. App. 1995).
· cites it 6× “Are the Commission’s findings sufficient to comply with section 536.090? We believe they are. Findings of fact must be sufficiently definite and certain under the circumstances of the particular case to enable the court of review to review the decision *348 intelligently and…”
State Ex Rel. Jackson v. City of Joplin, 300 S.W.3d 531 (Mo. Ct. App. 2009).
· cites it 6× “Appellants attempt to use section 536.090 to supplement the lack of a findings requirement in section 89.”
State Ex Rel. Aquila, Inc. v. Pub. Serv. Comm'n, 326 S.W.3d 20 (Mo. Ct. App. 2011).
· cites it 4× “420 does not define what constitutes adequate findings of fact, but Missouri courts have filled this gap by applying § 536.090, RSMo 2000, from the state’s administrative procedures statutes.”
City of Valley Park v. Armstrong, 273 S.W.3d 504 (Mo. 2009).
· cites it 2× “070); and written decisions including findings of fact and conclusions of law (section 536.090). Id. In determining if a hearing comports with these formalities, the statute requiring the hearing is examined.”
— Mo. Rev. Stat. § 536.090(1) — 2 cases
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