Section 23 Weight of the Evidence

• Library: Administrative Law 2011

(8) Any evidence received without objection which has probative value shall be considered by the agency along with the other evidence in the case. The rules of privilege shall be effective to the same extent that they are now or may hereafter be in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.

Section 536.070(8), RSMo 2000.

Courts will defer to the administrative tribunal’s assessment of testimony. See Alexander v. D.L. Sitton Motor Lines, 851 S.W.2d 525, 527 (Mo. banc 1993) (deference given to administrative agency on issues of credibility of witnesses and weight to be given testimony); Schaffer v. Litton Interconnect Tech., 274 S.W.3d 597, 599 (Mo. App. S.D. 2009); Dunn v. Treasurer of Mo. as Custodian of Second Injury Fund, 272 S.W.3d 267, 273 (Mo. App. E.D. 2008). Agencies may disbelieve uncontradicted testimony. See Alexander, 851 S.W.2d at 527 (agency may decide a case based on its disbelief of uncontradicted and unimpeached testimony); see alsoSmart v. Chrysler Motor Corp., 851 S.W.2d 62, 64 (Mo. App. E.D. 1993) (agency may disbelieve testimony of witnesses even if no contradictory evidence is adduced). The agency may disregard uncontradicted testimony only if it makes a specific finding that the testimony was unworthy of belief. See Copeland v. Thurman Stout, Inc.,
204 S.W.3d 737, 743 (Mo. App. S.D. 2006) (agency may not arbitrarily ignore testimony of uncontradicted witness unless it makes a specific finding that the evidence was not credible). Presumably, such a finding of fact would have to be supported in some way by the record.
See Barnes Hosp. v. Mo. Comm’n on Human Rights,661 S.W.2d 534
(Mo. banc 1983); Vaughn v. Labor & Indus. Relations Comm’n,
603 S.W.2d 63 (Mo. App. E.D. 1980).

When testimony is contradicted, the agency does not need to make
a specific finding that the testimony is unworthy of belief. Yoos v. Jewish Hosp. of St. Louis,...