HB 1820 -- Trial de Novo Petitions

Sponsor:  Roorda

This bill allows any employee of the state or any political
subdivision who has exhausted his or her administrative remedies
and who is aggrieved by an agency's final decision in a contested
case involving an employment matter to petition the circuit court
for a trial de novo as an alternative to seeking judicial review
of the administrative decision.  The employee 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
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm