State Administrative Agencies

Missouri has numerous administrative agencies, boards and commissions. Each is established by statute and its membership and powers are specified by statute. Each handles a particular type of administrative matter.

A. Examples of administrative agencies and their functions are:

1. The Public Service Commission regulates utilities and fixes utility rates.

2. The Commission on Human Rights deals with discrimination in employment, housing and public accommodations.

3. The Department of Revenue handles tax collections.

4. The Board of Registration for the Healing Arts licenses and disciplines physicians and surgeons.

B. Each administrative agency is assigned to one of the departments of state government. Actions of these agencies are subject to administrative and judicial review.

Quasi-judicial functions.

Many of these administrative agencies perform "quasi-judicial" functions, making discretionary decisions after holding hearings, obtaining evidence, etc.

A. Most constitutional legal rights such as equal protection of the law, due process, and certain basic standards of proof or evidence apply to administrative procedures.

B. In performing their "quasi-judicial" functions, agencies are regulated by the state statutes and administrative rules which are different from the rules and statutes that govern court procedures.

Administrative Hearing Commission.

Administrative review of actions taken by many of Missouri's agencies, boards and commissions is handled by the Administrative Hearing Commission (AHC). This occurs when some aggrieved party objects to action taken by the administrative agency and asks for a review or where the statutes require the administrative agency to file a complaint against a party in order to conduct a hearing before AHC. The statutes governing review powers and procedures before AHC are sections 621.015-.205, RSMo 2004and Supp. 1999, and sections 536.010-.215, RSMo 2004.

A. The AHC has three commissioners (generally referred to as administrative law judges) appointed by the Governor with the advice and consent of the Senate They are required to be attorneys and serve six-year terms. (Section 621.015, RSMo 2004.)

B. The commissioners conduct hearings and issue rulings on complaints filed and certain actions taken by many state agencies, including the following:

Department of Revenue (Division of Taxation; Division of Motor Vehicles and Licensing)

Department of Social Services (Division of Aging; Division of Family Services)

Department of Health

Department of Economic Development (Division of Professional Registration; State Licensing Boards and Commissions)

Division of Insurance

Secretary of State (Commissioner of Securities)

Department of Public Safety (Division of Liquor Control; Division of Fire Safety; Peace Officer Training Certification Programs)

Department of Mental Health

1. If in the future there are created by law any new or additional administrative agencies which have the power to issue, revoke, suspend, or place on probation any license, then those agencies are under the provisions of this law.

C. The AHC also has the power to hold hearings and issue declaratory judgments on rules and regulations issued by administrative agencies. (Section 536.050, RSMo 2004)

D. After conducting an evidentiary hearing, the AHC makes written findings of fact and conclusions of law along with its decision, order or ruling in the matter.

E. Appeal of AHC decisions can be to the circuit court, the Court of Appeals, or the Supreme Court of Missouri.

0. Generally, persons who are "aggrieved" by the AHC decision in a contested case are entitled to "judicial review" by a court on the record. This judicial review, pertaining to most license, permit and registration cases heard by AHC, is a review on the record by the circuit judge either in Cole County (where Jefferson City, the seat of state government, is located), or in the county of the non-state party's residence. (Sections 536.100-.110, RSMo 2004.) This review is not a retrial or rehearing of the evidence but a review of the record of proceedings before AHC for error. A further appeal may then be made to the Court of Appeals (section 536.140, RSMo 2004), where the review will once again be of the record and decision of the AHC.

1. In cases involving decisions made by the Director of Revenue concerning any finding, order, decision, assessment or additional assessment of taxes, licenses or permits, appeal may be taken to the Court of Appeals as provided in section 621.189, RSMo 2004. However, because the Supreme Court of Missouri has original appellate jurisdiction in cases involving the construction of the revenue laws, most AHC decisions dealing with taxes are taken directly to the Supreme Court of Missouri.

2. Judicial review at any level is limited to review of the record of proceedings before the agency and the evidence heard; no new evidence is heard and agency and AHC decisions are to be upheld on judicial review if they are authorized by law and are supported by competent and substantial evidence on the whole record. (Sections 536.140, 621.193, RSMo 2004.)

Other Administrative Review.

Some state agencies conduct their own administrative review procedures and are not subject to AHC review. However, their actions are subject to judicial review.

A. The Public Service Commission regulates public utilities. Its decisions may be reviewed by a circuit judge in the circuit court (usually Cole County, where the seat of state government is located) on a writ of review; no new evidence is heard by the court. The circuit judge's ruling may be appealed to the Court of Appeals or the Supreme Court. (Sections 386.510-.540, RSMo 2004.)

1. The "general counsel" represents the Commission in hearings and in court proceedings. (Section 386.071, RSMo 2004.)

2. The "public counsel" represents and protects the interests of the public in any proceeding before or reviewed from the Public Service Commission. The public counsel shall be an attorney appointed by the director of the Department of Economic Development.

B. The Missouri Commission on Human Rights investigates complaints and issues compliance orders relating to alleged discriminatory practices in employment, housing and public accommodations. Its hearing procedures are governed by Chapter 536, RSMo, and decisions are reviewed by the circuit judge. (Sections 536.100-.110, RSMo 2004.)

C. The State Tax Commission makes original assessments of certain taxable property (railroads, utilities, aircraft, etc.), supervises assessment procedures, hears appeals on tax assessments and equalizes assessments between counties.

1. Persons dissatisfied with county tax assessments may appeal to the Tax Commission. (Section 138.430, RSMo 2004.)

2. Further review may be taken up by a circuit judge under the procedures set out in sections 536.010-.215, RSMo 2004. Venue is in the circuit court of the county where the real property involved in the assessment is situated.

D. The Labor and Industrial Relations Commission consists of three members appointed by the Governor with the advice and consent of the Senate. (Section 286.005, RSMo 2004.) It reviews decisions of the Division of Employment Security (unemployment compensation under Chapter 288, RSMo), the Division of Workers' Compensation (in cases involving on-the-job accidents and injuries under Chapter 287, RSMo), and other decisions of the Department of Labor and Industrial Relations such as crime victims' compensation and state prevailing wage disputes. Review from its decisions is to the Appellate Court of the claimant's residence in Employment Security cases (section 288.210, RSMo 2004) and to the appropriate district of the Court of Appeals in Workers' Compensation cases (section 287.495, RSMo 2004).

E. Other agencies such as the Personnel Advisory Board, State Banking Board, and the Department of Social Services have statutory review procedures peculiar to those agencies. The statutes should be studied when reporting the actions of such agencies.

Code of State Regulations.

Rules and regulations of administrative agencies are published by the Secretary of State in the Missouri Register and Code of State Regulations (CSR).

A. The Missouri Register is published monthly, and citizens may offer comments and criticisms on the proposed rules and regulations before they become final. It is also published online here.

B. The Code of State Regulations is a multi-volume compilation of all state agency rules and regulations, and is located in print at law libraries and online.

C. Rules and regulations are not valid unless published as required by law. (Sections 536.031-.215, RSMo 2004.)