Section 12 De Novo Review

• Library: Administrative Law 2011

When the hearing is in the nature of a de novo review of the decision of a subordinate official (employee dismissal), the burden of going forward may be on that official. See Collier v. Metro. St. Louis Sewer Dist.,
706 S.W.2d 894, 896 (Mo. App. E.D. 1986). For example, in a hearing before the board of police commissioners, a police officer contested his dismissal by the superintendent of police. Heidebur v. Parker,505 S.W.2d 440, 441 (Mo. App. E.D. 1974). A board rule requiring the petitioning officer to...