Section 53 Requirements of Findings of Fact and Conclusions of Law

• Library: Administrative Law 2011

A final decision under § 536.100, RSMo Supp. 2010, must satisfy the requirements of § 536.090, RSMo 2000, which states in part:

Every decision and order in a contested case shall be in writing, and, except in default cases or cases disposed of by stipulation, consent order or agreed settlement, the decision, including orders refusing licenses, shall include or be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the agency bases its orders.

Unlike appellate review of nonjury trial court judgments in civil cases, a court reviewing a contested case agency decision cannot assume that the agency found facts in accord with the result reached. Schwartz v. City of St. Louis, 274 S.W.3d 509, 514 (Mo. App. E.D. 2008). For an appellate court to conduct a proper judicial review, § 536.090...