Section 29 Factual Grounds for Reversal

• Library: Administrative Law 2011

Although the rules governing a court’s review of agency fact-finding are properly a “scope of review” topic, they are mentioned here because they tend to emphasize the importance of adhering to the rules of evidence at the administrative hearing stage. The purpose of appellate review of an administrative agency’s factual findings is to determine whether the findings are supported by substantial evidence on the record as a whole. Conagra Poultry Co. v. Dir. of Revenue, 862 S.W.2d 915, 918 (Mo. banc 1993). “Substantial evidence is merely evidence which, if true, has probative force upon the issues, i.e., evidence favoring facts which are such that reasonable men may differ as to whether it establishes them.” Clark v. Bd. of Dirs. of Sch. Dist. of Kansas City, 915 S.W.2d 766, 773
(Mo. App. W.D. 1996). SeeHeinen v. Police Personnel Bd. of Jefferson City, 976...