293.680. Judicial review of orders of director--effect of filing on order, procedure. - Missouri Statutes

Judicial review of orders of director--effect of filing on order,procedure.

293.680. 1. Any person may appeal to the circuit court ofthe county in which the mine is situated or to the circuit courtof Cole County, at the option of appellant, from any order, rule,regulation or determination of the director of the division ofmine inspection or of a mine inspector by filing with the clerkof such court a petition setting forth a copy of the order, rule,regulation or determination, if it was made in writing, or bysetting forth the terms and conditions of the order, rule,regulation or determination if it was not in writing and statingthe reasons or grounds of complaint against the order, rule,regulation or determination. Such petition shall be filed withinthirty days after notice of the order, rule, regulation ordetermination has been given. The filing of the petition orappeal stays the enforcement or effectiveness of the order, rule,regulation or determination appealed. Notice of the appeal shallbe given by mailing a copy of the petition to the director of thedivision of mine inspection or mine inspector by the clerk ofsaid court, who shall file proof of such mailing.

2. The matter shall be tried de novo by the court, without ajury, not sooner than thirty days after the mailing of thepetition, and the court shall either sustain the director of thedivision of mine inspection or mine inspector or shall direct himto take such action as the court may deem proper. An appeal fromthe circuit court in such case shall be allowed as in civilaction.

(L. 1959 S.B. 188 § 67)