303.290. Director's duties--regulations--judicial review. - Missouri Statutes

Director's duties--regulations--judicial review.

303.290. 1. The director of revenue shall administer andenforce the provisions of this chapter and may make rules andregulations necessary for its administration and shall providefor hearings upon request of persons aggrieved by orders or actsof the director under the provisions of this chapter. Uponreceipt of a request for an administrative hearing the directorof revenue shall reach a final decision including findings offact and conclusions of law within ninety days.

2. Any decision, finding or order of the director, under theprovisions of this chapter shall be subject to review by appealto the circuit court of the county of the residence of thelicensee, at the instance of any party in interest, in the mannerprovided by chapter 536, RSMo, at any time within thirty daysafter notice is given the licensee of such decision, finding ororder. Upon such appeal the cause shall be heard de novo and thecircuit court may determine the reasonableness of the director'sdecision, finding or order, and in disposing of the issues beforeit may modify, affirm, or reverse the decision, finding or orderin whole or in part. 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 may require.

(L. 1953 p. 569 § 303.020, A.L. 1957 p. 622, A.L. 1986 S.B. 424)

Effective 7-1-87

(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.).