Section 71 Weighing of Evidence by Reviewing Court

• Library: Administrative Law 2011

As a general rule, judicial review of contested case administrative decisions is limited to matters that arose before the administrative agency, deals only with questions of law on the face of the record, and bars consideration of evidence other than that before the agency. Boyer v. City of Potosi,38 S.W.3d 430, 434 (Mo. App. E.D. 2000). In 2005, § 536.140.3, now RSMo Supp. 2010, was amended to provide:

Whenever the action of the agency being reviewed does not involve the exercise by the agency of administrative discretion in the light of the facts, but involves only the application by the agency of the law to the facts, the court may upon application of any...