HB 1240 -- Trial de Novo Petitions

Sponsor:  Roorda

This bill allows a person who has exhausted his or her
administrative remedies and who is aggrieved by an agency's final
decision in a contested case to petition the circuit court for a
trial de novo as an alternative to seeking judicial review of the
administrative decision.  The individual must file an application
for trial de novo within 30 days after the mailing or delivery of
the agency's final decision.  The agency must file with the court
a copy of the plaintiff's petition or complaint as presented to
the agency as well as the agency's decision within 30 days after
the filing of the application for trial de novo.

The court may order a stay of the enforcement of the agency's
order pending a final judgment.  The court must hear the case
with a jury as the trier of fact, unless all plaintiffs waive a
trial by jury in writing before the jury is sworn in.  The
findings of fact and conclusions of law by the administrative
hearing body are not admissible into evidence in the trial de
novo unless all parties agree to the admissibility of the
evidence.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am