409.846. Judicial review of commissioner's orders--procedure--standard of review. - Missouri Statutes

Judicial review of commissioner's orders--procedure--standard ofreview.

409.846. 1. Any person aggrieved by a final order of thecommissioner may obtain judicial review of such order in themanner provided in chapter 536, RSMo, for the review of contestedcases.

2. Upon the filing of a petition for review, except wherethe taking of additional evidence is ordered by the courtpursuant to subsection 3 or 4 of this section, the court shallhave exclusive jurisdiction of the matter, and the commissionermay not modify or set aside the order, in whole or in part.

3. The filing of a petition for review under subsection 1 ofthis section, does not, unless specifically ordered by the court,operate as a stay of the commissioner's order, and thecommissioner may enforce or ask the court to enforce the orderpending the outcome of the review proceedings.

4. If either the aggrieved party or the commissioner appliesto the court for leave to adduce additional evidence and shows tothe satisfaction of the court that there were reasonable groundsfor failure to adduce the evidence in the hearing before thecommissioner or other good cause, the court may order theadditional evidence to be taken by the commissioner under suchconditions as the court considers proper.

5. If new evidence is ordered taken by the court, thecommissioner may modify the findings and order by reason of theadditional evidence and shall file in the court the additionalevidence together with any modified or new findings or order.

6. The court shall review the petition based upon theoriginal record before the commissioner as amended undersubsections 3 and 4 of this section. The findings of thecommissioner as to the facts, if supported by competent,material, and substantive evidence, are conclusive. Based uponthis review, the court may affirm, modify, enforce, or set asidethe order, in whole or in part.

(L. 1985 H.B. 409 & 532 § 19)