Section 50 Standard of Review

• Library: Administrative Law 2011

On appeal, the trial is de novo, so the good news about a noncontested case is the same as the bad news—you get to do it over. The circuit court hears evidence on the merits, determines facts, and decides whether the agency’s decision is “unconstitutional, unlawful, unreasonable, arbitrary,” or otherwise defective according to the standards set forth in § 536.150, RSMo 2000, and the court owes no deference to factual findings or credibility assessments of the agency. Barry Serv. Agency Co. v. Manning, 891...