Mo. Rev. Stat. » Chapter 536

Mo. Rev. Stat. § 536.100

Party aggrieved entitled to judicial review

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  536.100.  Party aggrieved entitled to judicial review — waiver of independent review, when. — Any person who has exhausted all administrative remedies provided by law and who is aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, shall be entitled to judicial review thereof, as provided in sections 536.100 to 536.140, unless some other provision for judicial review is provided by statute; provided, however, that nothing in this chapter contained shall prevent any person from attacking any void order of an agency at any time or in any manner that would be proper in the absence of this section.  If the agency or any board, other than the administrative hearing commission, established to provide independent review of the decisions of a department or division that is authorized to promulgate rules and regulations under this chapter fails to issue a final decision in a contested case within the earlier of:

  (1)  Sixty days after the conclusion of a hearing on the contested case; or

  (2)  One hundred eighty days after the receipt by the agency of a written request for the issuance of a final decision,

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then the person shall be considered to have exhausted all administrative remedies and shall be considered to have received a final decision in favor of the agency and shall be entitled to immediate judicial review as provided in sections 536.100 to 536.140 or other provision for judicial review provided by statute.  In cases, whether contested or not, where the law provides for an independent review of an agency's decision by a board other than the administrative hearing commission and further provides for a de novo review of the board's decision by the circuit court, a party aggrieved by the agency's decision may, within thirty days after it receives notice of that decision, waive independent review by the board and instead file a petition in the circuit court for the de novo review of the agency's decision.  The party filing the petition under this section shall be considered to have exhausted all administrative remedies.

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(L. 1945 p. 1504 § 10, A.L. 2005 H.B. 576, A.L. 2006 S.B. 1146)

(1972) Petitioners who alleged only that they were tenants in the building complex and that their interests would be injured if certain of the buildings were secured with steelplating and fencing as ordered by Board of Building Appeals but did not allege they, or any they represented, actually lived in the affected buildings, or would be evicted if the board's decision were carried out, were not "aggrieved" within the meaning of this section. State ex rel. Pruitt-Igoe District Community Corp. v. Burks (A.), 482 S.W.2d 75.

(1980) Order of State Tax Commission that county board of equalization implement plans for equal division of real property assessment in county was not reviewable as contested case under statute governing entitlement of party aggrieved to judicial review. State ex rel. Commissioners v. Schneider (Mo.), 609 S.W.2d 149.

(1980) Sales tax law established mandatory procedure for the assessment of sales tax and state has no right to commence an action for taxes due and payable until this procedure is exhausted, including administrative and judicial review. Excel Drug Co. Inc. v. Mo. Dept. of Revenue (Mo.), 609 S.W.2d 404.

Notes of Decisions
Cited in 388 cases (30 in the last 5 years), 1956–2026 · leading case: Harold Lampley and Rene Frost v. The Missouri Commission on Human Rights and Alisa Warren
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Harold Lampley and Rene Frost v. The Missouri Commission on Human Rights and Alisa Warren (2019) mo · cites it 8× “It seems clear that, at the time these petitions were filed, Claimants were unsure whether they were seeking judicial review of a contested case under section 536.100, RSMo Supp. 2013, or a noncontested case under section 536.”
Kostman v. Pine Lawn Bank & Trust Co. (1976) mo · cites it 36× “"On August 27, 1974, the Commissioner, ostensibly pursuant to Section 536.100, RSMo 1969, and Rule 100.”
Coleman v. Missouri Secretary of State (2010) moctapp · cites it 13× “These arguments include that: (1) the Final Order did not include findings of fact and conclusions of law per chapters 536 or 409 and was, therefore, a “void” order; (2) the Commissioner’s determination that the Withdrawal Notice request coupled with the Petition for Final Order…”
Nowden v. Div. of Alcohol & Tobacco Control (2018) mo · cites it 11× “After being granted permission to amend his original petition, Nowden filed a first amended petition for review pursuant to § 536.100. In his first amended petition, Nowden alleges he had the right to appeal his termination to the Division and this appeal constituted a…”
State Ex Rel. McNary v. Hais (1984) mo · cites it 12× “Section 536.100, RSMo 1978, provides: Any person who has exhausted all administrative remedies provided by law * * * shall be entitled to judicial review thereof, as provided in section 536.”
Deffenbaugh Industries, Inc. v. Potts (1990) moctapp · cites it 16× “The petition in original form invoked the judicial review function of the circuit court under § 536.100 as for a party aggrieved by a decision in a contested case, sought redress from the agency action on grounds enumerated in § 536.”
City of Richmond Heights v. BD. OF EQUALIZATION OF ST. LOUIS CTY. (1979) mo · cites it 14× “Louis, Division 6 to review the decision of the Board pursuant to § 536.100, RSMo 1978 (Rule 100.03). Appellant Clayton School District was later added as a party plaintiff, and the petition was amended to include an alternative count for certiorari pursuant to § 536.”
Underwood v. St. Joseph Board of Zoning Adjustment (2012) moctapp · cites it 16× “First, she argues that section 536.100 of the Missouri Administrative Procedures Act expressly confers standing upon her as a “person .”
450 N. Lindbergh Legal Fund, LLC v. City of Creve Coeur (2015) moctapp · cites it 13× “The circuit court has authority under section 536.100 RSMo. (Supp.2013) to review final administrative agency decisions only in contested cases.”
Hunsucker v. Fischer (2006) moctapp · cites it 14× “01 mandates that the provisions of Section 536.100 through 536.150, RSMo 2000 — not the rules of civil procedure — govern the procedures of such actions.”
Buchheit, Inc. v. Missouri Commission on Human Rights (2007) moctapp · cites it 7× “Section 536.100, RSMo Cum. Supp.2005, 3 requires a final decision in a contested case before a person is entitled to judicial review.”
Missouri Bankers Ass'n v. Director of the Missouri Division of Credit Unions (2003) mo · cites it 8× “5 controls, they urge this Court to adopt by analogy the case law definition of “aggrieved,” as it has been applied to the term “aggrieved” in section 536.100, the statute providing judicial review of “contested cases” under the Missouri Administrative Procedure Act (MAPA).”
Show all 388 citing cases →
— Mo. Rev. Stat. § 536.100(2) — 2 cases
Israel Ivan Ramirez v. Missouri Department of Social Services, Children's Division (2016) moctapp
Wright v. Director of Revenue (2013) moctapp
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