Petition for Judicial Review of Contested Case - Missouri

PETITION FOR JUDICIAL REVIEW OF CONTESTED CASE

Filing Gate

Under § 536.110, file within 30 days after mailing or delivery of notice of the final decision. If an authorized rehearing motion is duly filed, the period runs from delivery or mailing of notice of the rehearing decision.

Caption

IN THE CIRCUIT COURT OF [COUNTY], MISSOURI

[PETITIONER NAME], Petitioner

v. Case No. __________

[AGENCY NAME], Respondent

PETITION FOR JUDICIAL REVIEW

Petitioner states:

1. Petitioner exhausted all administrative remedies provided by law and is aggrieved by the final decision in [agency case].

2. The Agency mailed or delivered notice of its final decision on [__/__/____]. A copy is attached.

3. This petition is filed within 30 days after the operative notice.

4. Venue is proper because:

☐ this is Cole County;

☐ Petitioner or one Petitioner resides in this county;

☐ a corporate Petitioner has a Missouri registered or business office in this county; or

☐ the case involves real property located in this county.

5. Petitioner seeks review on these grounds:

☐ constitutional violation

☐ action beyond statutory authority or jurisdiction

☐ lack of competent and substantial evidence on the whole record

☐ action otherwise unauthorized by law

☐ unlawful procedure or lack of a fair trial

☐ arbitrary, capricious, or unreasonable action

☐ abuse of discretion

6. Petitioner requests that the Court affirm in part, reverse, modify, or order reconsideration or further proper action.

Dated: [__/__/____]

Signature: ______________________________

Name / Missouri Bar No.: [________________________________]

Address / Telephone / Email: [________________________________]

Copies and Proof

No summons issues under § 536.110(2). Deliver copies to the Agency and each party of record or that party's attorney, or mail them by registered mail, and file proof of delivery or mailing.

Temporary Relief

The Agency may stay enforcement or temporarily grant or extend relief. The reviewing court may grant temporary relief on proper terms. Except for threatened irreparable injury, the court must give notice; relief may not be granted or continued unless the court is satisfied that the public interest will not be prejudiced.

☐ No temporary relief requested

☐ Agency request made

☐ Court motion prepared

Record

The record generally must be filed within 30 days after the petition, unless the court allows more time. It may be stipulated, agreed, or complete, but must include the decision, order, findings, and conclusions. The plaintiff files it or requests direct agency transmission.

☐ Record arrangement selected

☐ Agency certification obtained

☐ Decision, findings, and conclusions included

☐ Filing deadline calendared

2025 Interpretation Rule

Effective August 28, 2025, § 536.140(3) directs courts and officers not to defer to state-agency interpretations of statutes, rules, regulations, or subregulatory documents, and to interpret their meaning and effect de novo. Confirm the precise issue and current text in briefing.

Filing Checklist

☐ Contested-case and exhaustion requirements confirmed

☐ Separate review statute ruled out

☐ Thirty-day period calculated from mailing or delivery

☐ Venue selected under § 536.110(3)

☐ No summons requested

☐ Copies delivered or registered-mailed and proof filed

☐ Record filing arranged

☐ Temporary relief handled separately if needed

Sources and References

• Missouri Revisor of Statutes, § 536.100, Right to Review: https://revisor.mo.gov/main/OneSection.aspx?section=536.100
• Missouri Revisor of Statutes, § 536.110, Filing, Copies, and Venue: https://revisor.mo.gov/main/OneSection.aspx?section=536.110
• Missouri Revisor of Statutes, § 536.120, Temporary Relief: https://revisor.mo.gov/main/OneSection.aspx?section=536.120
• Missouri Revisor of Statutes, § 536.130, Record: https://revisor.mo.gov/main/OneSection.aspx?section=536.130
• Missouri Revisor of Statutes, § 536.140, Scope and Judgment, effective August 28, 2025: https://revisor.mo.gov/main/OneSection.aspx?section=536.140