Section 27 Briefs

• Library: Administrative Law 2011

The problem with briefs is not who writes them, but rather who reads them, i.e., what level of involvement by decision-makers is required.

Section 536.080, RSMo 2000, allows each party to present oral arguments or written briefs at or after the hearing. Each official who joins in rendering the final decision must hear or read the arguments or briefs. Section 536.080.2 reiterates the requirement that officials who join in the final decision must either:

hear all the evidence;

read the full record; or

personally consider portions of the record cited or referenced in the arguments or briefs.

Sometimes there are several layers of administrative proceedings. For example, in professional licensing, the AHC makes an initial determination whether cause for discipline exists, which (if cause is found to exist) is followed by a separate hearing before the licensing board to determine what discipline is appropriate. At the licensing board...