536.100. Party aggrieved entitled to judicial review--waiver of independent review, when. - Missouri Statutes

Party aggrieved entitled to judicial review--waiver of independentreview, when.

536.100. Any person who has exhausted all administrative remediesprovided by law and who is aggrieved by a final decision in a contestedcase, whether such decision is affirmative or negative in form, shall beentitled to judicial review thereof, as provided in sections 536.100 to536.140, unless some other provision for judicial review is provided bystatute; provided, however, that nothing in this chapter contained shallprevent any person from attacking any void order of an agency at any timeor in any manner that would be proper in the absence of this section. Ifthe agency or any board, other than the administrative hearing commission,established to provide independent review of the decisions of a departmentor division that is authorized to promulgate rules and regulations underthis chapter fails to issue a final decision in a contested case within theearlier of:

(1) Sixty days after the conclusion of a hearing on the contestedcase; or

(2) One hundred eighty days after the receipt by the agency of awritten request for the issuance of a final decision,

then the person shall be considered to have exhausted all administrativeremedies and shall be considered to have received a final decision in favorof the agency and shall be entitled to immediate judicial review asprovided in sections 536.100 to 536.140 or other provision for judicialreview provided by statute. In cases, whether contested or not, where thelaw provides for an independent review of an agency's decision by a boardother than the administrative hearing commission and further provides for ade novo review of the board's decision by the circuit court, a partyaggrieved by the agency's decision may, within thirty days after itreceives notice of that decision, waive independent review by the board andinstead file a petition in the circuit court for the de novo review of theagency's decision. The party filing the petition under this section shallbe considered to have exhausted all administrative remedies.

(L. 1945 p. 1504 § 10, A.L. 2005 H.B. 576, A.L. 2006 S.B. 1146)

(1972) Petitioners who alleged only that they were tenants in the building complex and that their interests would be injured if certain of the buildings were secured with steelplating and fencing as ordered by Board of Building Appeals but did not allege they, or any they represented, actually lived in the affected buildings, or would be evicted if the board's decision were carried out, were not "aggrieved" within the meaning of this section. State ex rel. Pruitt-Igoe District Community Corp. v. Burks (A.), 482 S.W.2d 75.

(1980) Order of State Tax Commission that county board of equalization implement plans for equal division of real property assessment in county was not reviewable as contested case under statute governing entitlement of party aggrieved to judicial review. State ex rel. Commissioners v. Schneider (Mo.), 609 S.W.2d 149.

(1980) Sales tax law established mandatory procedure for the assessment of sales tax and state has no right to commence an action for taxes due and payable until this procedure is exhausted, including administrative and judicial review. Excel Drug Co. Inc. v. Mo. Dept. of Revenue (Mo.), 609 S.W.2d 404.