138.432. Decisions and orders of hearing officers, appeal of, procedure--when deemed final. - Missouri Statutes

Decisions and orders of hearing officers, appeal of, procedure--whendeemed final.

138.432. A complainant, respondent-assessor, or other partysubject to a decision and order of a hearing officer, may filewith the commission, within thirty days following the date ofnotification or mailing of such decision and order, anapplication to have such decision and order reviewed by thecommission. Such application shall contain specific detailedgrounds upon which it is claimed the decision is erroneous. Thecommission may summarily allow or deny an application for review.If an application is allowed, the commission may affirm, modify,reverse, or set aside the decision and order of the hearingofficer on the basis of the evidence previously submitted in suchcase, may take additional evidence, or may remand the matter tothe hearing officer with directions. Any additional hearingshall be conducted in accordance with the requirements ofsubsection 3 of section 138.431. The commission shall promptlynotify the parties of its decision and order, together with itsfindings of fact and conclusions of law. The decision of thecommission shall be subject to judicial review in the mannerprovided by subsection 4 of section 138.470. If an applicationfor review is denied, the decision and order of the hearingofficer shall be deemed to be the final decision of thecommission for the purpose of judicial review and shall besubject to the judicial review within the time and in the mannerprovided for with respect to decisions of the commission pursuantto subsection 4 of section 138.470; except that, the timelimitations shall run from the date of notice or mailing of theorder of the commission denying the application for review.

(L. 1983 S.B. 63, et al.)

(2002) Thirty-day period begins to run on date of mailing of order and not on date of order's receipt. Daly v. Warner-Jenkinson Mfg. Co., 92 S.W.3d 319 (Mo.App.E.D.).