SB 0720 | Judgments Without Exhausting Administrative Remedies |
Sponsor: | STAPLES | ||
LR Number: | S2594.01T | Fiscal Note: | 2594-01 |
Committee: | Judiciary | ||
Last Action: | 05/08/96 - Signed by Governor | ||
Title: | |||
Effective Date: | August 28, 1996 | ||
SB 720 - Under current law, a person must exhaust his
administrative appeals before he may obtain judicial review of a
claim. This act allows a person to obtain a declaratory judgment
from a court without exhausting his administrative remedies. A
person may bypass administrative claims and appeals if any of the
following are present: 1) the administrative agency has no
authority to grant the relief requested; 2) the only question
presented is a constitutional issue or a question of law; or 3)
requiring the person to exhaust his administrative remedies would
result in irreparable harm to the person. This act shall not
apply to administrative hearings under Chapter 288, Employment
Security; Chapters 302 and 303, Drivers' Licenses and Financial
Responsibility, RSMo.
JAMES KLAHR