Section 28 Impartial Tribunal

• Library: Personnel Hearings 2011

In some situations, particularly those involving school districts and police boards, the hearing body may have substantial information on the subject matter of the hearing. When judicial review is afforded, the fact that charges are initiated at the agency that then tries the matter does not, of itself, constitute denial of due process. In re Duncan, 541 S.W.2d 564 (Mo. banc 1976); Rose v. State Bd. of Registration for Healing Arts, 397 S.W.2d 570 (Mo. 1965). The courts scrutinize more carefully individual actions by hearings officers and board members to determine if there has been a fair and impartial hearing. In Jones v. State Department of Public Health & Welfare, 354 S.W.2d 37, 41 (Mo. App. W.D. 1962), involving a hearing as to whether a husband was disabled, thereby entitling his wife to...