Section 46 Contested Cases and Noncontested Cases

• Library: Administrative Law 2011

MoAPA provides for judicial review of two types of administrative adjudications: contested and noncontested cases. Sections 536.100–536.140, RSMo 2000 and Supp. 2010, govern the procedures for obtaining judicial review of a contested case not governed by a more specific agency review statute.

Section 536.010(4), RSMo Supp. 2010, defines a “[c]ontested case” as “a proceeding before an agency in which legal rights, duties or privileges of specific parties are required by law to be determined after hearing.” The “law” referenced in the statutory definition of “contested case” includes any ordinance, statute, or constitutional provision that mandates a hearing. McCoy v. Caldwell County,
145 S.W.3d 427, 428 (Mo. banc 2004). In Furlong Cos. v. City of Kansas City,189 S.W.3d 157, 165 (Mo. banc 2006) (citation omitted), the Supreme Court provided the following description of contested case review:

Contested case review is controlled by sections 536.100 to 536.140. Contested cases provide the parties with an opportunity...