Section 13 Specific Examples

• Library: Administrative Law 2011

The following discussion of published decisions regarding what is and what is not a contested case is presented as a summary of existing caselaw. The continued viability of these cases must be evaluated
in light of the holdings in Byrd v. Board of Curators of Lincoln University of Missouri, 863 S.W.2d 873 (Mo. banc 1993), State ex rel. Yarber v. McHenry, 915 S.W.2d 325 (Mo. banc 1995), Cade v. State,
990 S.W.2d 32 (Mo. App. W.D. 1999), and Weber v. Firemen’s Retirement System, 872 S.W.2d 477 (Mo. banc 1994), and in light of the statutory exemptions regarding schools and colleges.

When parties agree to arbitrate a matter and submit to a hearing procedure, they do not thereby create a contested case because the hearing must be “required” by law. State ex rel. Reorganized Sch. Dist. R‑9 of Grundy County v. Windes, 513 S.W.2d 385 (Mo. 1974). Using procedures similar to a contested case does not make a case contested if the hearing is not mandatory. Pub. Water Supply Dist. No. 2 of Jefferson County v. State Highway Comm’n, 472 S.W.2d 347 (Mo. 1971).

Section 36.390, RSMo Supp. 2010, requires agencies to adopt either the appeals provisions of that chapter or substantially similar dismissal procedures. This suggests that employee discipline hearings in non-merit state agencies are contested cases.

Most license and permit revocation and denial cases fall within the category of contested cases. E&H...