Section 24 Relief

• Library: Administrative Law 2011

As a creation of statute, the AHC has only those powers expressly granted by statute and the powers that are necessarily implied by
that express grant. AT&T Info. Sys., Inc. v. Wallemann, 827 S.W.2d 217, 224 (Mo. App. W.D. 1992). But a person “cannot infer a power from the statute simply because that power would facilitate the accomplishment of an end deemed beneficial.” Dishon v. Rice, 871 S.W.2d 126, 128
(Mo. App. E.D. 1994).

The AHC is not a court. Therefore, the General Assembly cannot grant it powers that are reserved by the Missouri Constitution to the courts. State Tax Comm’n v. Admin. Hearing Comm’n, 641 S.W.2d 69 (Mo. banc 1982); Mo. Const. art. II, § 1. The current focus on Missouri’s separation...