260.415. Appeals--other remedies available, costs. - Missouri Statutes

Appeals--other remedies available, costs.

260.415. 1. All final orders and determinations of thecommission or the department made pursuant to the provisions ofsections 260.350 to 260.430 are subject to judicial reviewpursuant to the provisions of chapter 536, RSMo. All finalorders and determinations shall be deemed "administrativedecisions" as that term is defined in chapter 536, RSMo. Nojudicial review shall be available, however, unless alladministrative remedies are exhausted.

2. In any suit filed pursuant to section 536.050, RSMo,concerning the validity of the commission's standards, rules orregulations, the court shall review the record made before thecommission to determine the validity and reasonableness of suchstandards, rules or regulations and may hear such additionalevidence as it deems necessary.

3. Nothing in this section or in any other provision ofsections 260.350 to 260.430 shall exclude or impair any existingcivil or criminal remedy, whether statutory or common law, forany wrongful action, including, but not limited to, actions toenjoin public or private nuisances. Any person adverselyaffected in fact by any violation of sections 260.350 to 260.430or of any rule or regulation promulgated thereunder may sue forinjunctive relief against such violation. The prevailing partyin any such action for injunctive relief shall be awarded costsand reasonable attorneys' fees.

(L. 1977 H.B. 318 § 14, A.L. 1980 2d Ex. Sess. H.B. 5, et al.)

Effective 10-31-80