302.311. Suspension or revocation--appeals from--procedure. - Missouri Statutes

Suspension or revocation--appeals from--procedure.

302.311. In the event an application for a license isdenied or withheld, or in the event that a license is suspendedor revoked by the director, the applicant or licensee soaggrieved may appeal to the circuit court of the county of hisresidence in the manner provided by chapter 536, RSMo, for thereview of administrative decisions at any time within thirtydays after notice that a license is denied or withheld or that alicense is suspended or revoked. Upon such appeal the causeshall be heard de novo and the circuit court may order thedirector to grant such license, sustain the suspension orrevocation by the director, set aside or modify the same, orrevoke such license. Appeals from the judgment of the circuitcourt may be taken as in civil cases. The prosecuting attorneyof the county where such appeal is taken, shall appear in behalfof the director, and prosecute or defend, as the case mayrequire.

(L. 1951 p. 678 § 302.310)

(1964) The director of revenue is a necessary party to any appeal authorized by section 302.311 taken from a driver's or chauffeur's license suspension or revocation order of the director of revenue and his absence in such an action is jurisdictional to such an extent that it must be considered by an appellate court though not ruled on by trial court. Shepherd v. Dept. of Revenue (A.), 377 S.W.2d 525.

(1972) Failure to appeal to circuit court within thirty days after notice of revocation deprived trial court of jurisdiction. Randles v. Schaffner (Mo.), 485 S.W.2d 1.

(1998) Thirty-day period referred to in this statute begins to run on date of mailing of administrative decision. Gilbert v. Director of Revenue, 974 S.W.2d 655 (E.D.Mo.).