Section 13 Constitutional Standard of Judicial Review of Agency Action Under Article V,

• Library: Administrative Law 2011

Article V, § 18, of the Missouri Constitution establishes that the constitutional standard for judicial review of administrative action includes the determination of whether the administrative action is “authorized by law, and in cases in which a hearing is required by law,” whether the administrative action is “supported by competent and substantial evidence upon the whole record.” When an administrative decision is based on an agency’s interpretation, application, or conclusion of law, the reviewing court reviews the agency’s determination de novo. Shipman v. DNS Elec....