Section 47 Determining Whether a Case Is “Contested”

• Library: Administrative Law 2011

The classification of an agency decision as a “contested” or “noncontested” case is not left to the discretion of the agency but rather is determined as a question of law by the reviewing court. City of Valley Park v. Armstrong,273 S.W.3d 504, 506 (Mo. banc 2009). The courts initially adopted the idea—expressed in Hagely v.Board of Education of Webster Groves School District,
841 S.W.2d 663, 668–69 (Mo. banc 1992)—that “[a] hearing that is not held pursuant to the procedural format necessary under MAPA does not qualify as a contested case, even though the hearing is required by law.” This position was abandoned as contrary to the clear wording of § 536.010(2), then RSMo 1986, in State ex rel. Yarber v. McHenry, 915 S.W.2d 325 (Mo. banc 1995).

The key to classification of an administrative case as “contested” or “noncontested” is the requirement of a hearing. Cade v. State, 990 S.W.2d 32, 36 (Mo. App. W.D. 1999). The term “hearing” used in §...