Section 38 Administrative Standard of Review

• Library: Tax Law 2009

On appeal of a contested case, the court’s review is limited to the decision of the agency, not the circuit court. City of Valley Park v. Armstrong, No. ED 89230, 2008 WL 169787 (Mo. App. E.D. Jan. 22, 2008), transferred, No. ED 89230, 2008 WL 706503 (Mo. App. E.D. Mar. 18, 2008); Chipperfield v. Mo. Air Conservation Comm’n, 229 S.W.3d 226 (Mo. App. S.D. 2007).

The standard of review applicable to a given matter depends on the treatment it received, if any, by the administrative tribunal. Generally, the appellate or reviewing court is limited to a determination of whether the decision was:

• in violation of constitutional provisions

• in excess of the statutory authority or jurisdiction of the agency; or

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