State Codes and Statutes

Statutes > Missouri > T24 > C375 > 375_944

Judicial review--decree, order--additional evidence--finality oforder, when.

375.944. 1. Any person, including any person who has beenpermitted to intervene, who is aggrieved by a final order ordecision of the director shall be entitled to judicial reviewthereof, as provided in sections 536.100 to 536.140, RSMo.

2. The court shall make and enter upon the pleadings,evidence and proceedings set forth in the transcript a decreemodifying, affirming or reversing the order of the director, inwhole or in part. To the extent that the order of the directoris affirmed, the court shall thereupon issue its own ordercommanding obedience to the terms of such order of the director.If either party shall apply to the court for leave to adduceadditional evidence, and shall show to the satisfaction of thecourt that such additional evidence is material and that therewere reasonable grounds for the failure to adduce such evidencein the proceeding before the director, the court may order suchadditional evidence to be taken before the director and to beadduced upon the hearing in such manner and upon such terms andconditions as the court may deem proper. The director may modifyhis findings of fact, or make new findings by reason of theadditional evidence so taken, and he shall file such modified ornew findings which are supported by evidence on the record andhis recommendation, if any, for the modification or setting asideof his original order, with the return of such additionalevidence.

3. An order issued by the director under section 375.942shall become final:

(1) Upon the expiration of the time allowed for filing apetition for review if no such petition has been duly filedwithin such time; except that the director may thereafter modifyor set aside his order to the extent provided in subsection 2 ofsection 375.942; or

(2) Upon the final decision of the court if the courtdirects that the order of the director be affirmed or thepetition for review dismissed.

4. No order of the director under section 375.942 or orderof a court to enforce the same shall in any way relieve orabsolve any person affected by such order from any liabilityunder any other laws of this state.

(L. 1959 H.B. 251 § 8, A.L. 1991 S.B 53)

State Codes and Statutes

Statutes > Missouri > T24 > C375 > 375_944

Judicial review--decree, order--additional evidence--finality oforder, when.

375.944. 1. Any person, including any person who has beenpermitted to intervene, who is aggrieved by a final order ordecision of the director shall be entitled to judicial reviewthereof, as provided in sections 536.100 to 536.140, RSMo.

2. The court shall make and enter upon the pleadings,evidence and proceedings set forth in the transcript a decreemodifying, affirming or reversing the order of the director, inwhole or in part. To the extent that the order of the directoris affirmed, the court shall thereupon issue its own ordercommanding obedience to the terms of such order of the director.If either party shall apply to the court for leave to adduceadditional evidence, and shall show to the satisfaction of thecourt that such additional evidence is material and that therewere reasonable grounds for the failure to adduce such evidencein the proceeding before the director, the court may order suchadditional evidence to be taken before the director and to beadduced upon the hearing in such manner and upon such terms andconditions as the court may deem proper. The director may modifyhis findings of fact, or make new findings by reason of theadditional evidence so taken, and he shall file such modified ornew findings which are supported by evidence on the record andhis recommendation, if any, for the modification or setting asideof his original order, with the return of such additionalevidence.

3. An order issued by the director under section 375.942shall become final:

(1) Upon the expiration of the time allowed for filing apetition for review if no such petition has been duly filedwithin such time; except that the director may thereafter modifyor set aside his order to the extent provided in subsection 2 ofsection 375.942; or

(2) Upon the final decision of the court if the courtdirects that the order of the director be affirmed or thepetition for review dismissed.

4. No order of the director under section 375.942 or orderof a court to enforce the same shall in any way relieve orabsolve any person affected by such order from any liabilityunder any other laws of this state.

(L. 1959 H.B. 251 § 8, A.L. 1991 S.B 53)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T24 > C375 > 375_944

Judicial review--decree, order--additional evidence--finality oforder, when.

375.944. 1. Any person, including any person who has beenpermitted to intervene, who is aggrieved by a final order ordecision of the director shall be entitled to judicial reviewthereof, as provided in sections 536.100 to 536.140, RSMo.

2. The court shall make and enter upon the pleadings,evidence and proceedings set forth in the transcript a decreemodifying, affirming or reversing the order of the director, inwhole or in part. To the extent that the order of the directoris affirmed, the court shall thereupon issue its own ordercommanding obedience to the terms of such order of the director.If either party shall apply to the court for leave to adduceadditional evidence, and shall show to the satisfaction of thecourt that such additional evidence is material and that therewere reasonable grounds for the failure to adduce such evidencein the proceeding before the director, the court may order suchadditional evidence to be taken before the director and to beadduced upon the hearing in such manner and upon such terms andconditions as the court may deem proper. The director may modifyhis findings of fact, or make new findings by reason of theadditional evidence so taken, and he shall file such modified ornew findings which are supported by evidence on the record andhis recommendation, if any, for the modification or setting asideof his original order, with the return of such additionalevidence.

3. An order issued by the director under section 375.942shall become final:

(1) Upon the expiration of the time allowed for filing apetition for review if no such petition has been duly filedwithin such time; except that the director may thereafter modifyor set aside his order to the extent provided in subsection 2 ofsection 375.942; or

(2) Upon the final decision of the court if the courtdirects that the order of the director be affirmed or thepetition for review dismissed.

4. No order of the director under section 375.942 or orderof a court to enforce the same shall in any way relieve orabsolve any person affected by such order from any liabilityunder any other laws of this state.

(L. 1959 H.B. 251 § 8, A.L. 1991 S.B 53)