Section 48 Judicial Review of Noncontested Cases

• Library: Personnel Hearings 2011

Section 536.150, RSMo 2000, makes specific provision for review of an administrative decision determining the legal rights, duties, or privileges of any person. The courts have interpreted this to provide judicial review for cases that are not “contested cases.”

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In the area of public employment, the major adverse agency actions, such as demotions, long-term suspensions, and dismissals, are typically the subjects of contested hearings with review available as described in §47 above. Other employment issues, such as denial of sick leave, transfers, and interpretation and application of agency rules, may also be judicially reviewable. See Cade v. State,990 S.W.2d 32, 37 (Mo. App. W.D. 1999); Bates v. City of St. Louis, 728 S.W.2d 232 (Mo. App. E.D. 1987). In the state merit system, § 36.390, RSMo Supp. 2010, gives individuals the right to appeal to the AHC certain actions of the Director of the Division of Personnel. Applicants can appeal the Director’s rejection of a request to take an examination, § 36.390.1, and the Director’s decision on complaints that an individual was not dealt with fairly in the examination process, § 36.390.3. An eligible person whose name the Director has removed from a...