Section 89 Standard of Review of Constitutional Issues

• Library: Administrative Law 2011

Constitutional challenges to administrative agency statutes, rules, ordinances, and action generally arise in three contexts:

1. Declaratory judgment actions challenging the constitutionality of statutes, rules, or ordinances

2. Judicial review of final agency action under MoAPA (Missouri Administrative Procedure and Review Act, Chapter 536, RSMo) or other agency judicial review statutes

3. Nonfinal administrative action that raises constitutional issues requiring extraordinary relief

Constitutional issues are...