Section 72 Additional Evidence

• Library: Administrative Law 2011

Section 536.140.4, RSMo Supp. 2010, provides:

Wherever under subsection 3 of this section or otherwise the court is entitled to weigh the evidence and determine the facts for itself, the court may hear and consider additional evidence if the court finds that such evidence in the exercise of reasonable diligence could not have been produced or was improperly excluded at the hearing before the agency. . . .

The caselaw require parties seeking to introduce additional evidence to establish that they acted with reasonable diligence but were not able to produce the evidence at the original...