Missouri Revised Statutes













Chapter 375

Provisions Applicable to All Insurance Companies

←375.942

Section 375.944.1

375.945→

August 28, 2015

Judicial review--decree, order--additional evidence--finality of order, when.

375.944. 1. Any person, including any person who has been permitted to

intervene, who is aggrieved by a final order or decision of the director

shall be entitled to judicial review thereof, as provided in sections 536.100

to 536.140.



2. The court shall make and enter upon the pleadings, evidence and

proceedings set forth in the transcript a decree modifying, affirming or

reversing the order of the director, in whole or in part. To the extent that

the order of the director is affirmed, the court shall thereupon issue its

own order commanding obedience to the terms of such order of the director.

If either party shall apply to the court for leave to adduce additional

evidence, and shall show to the satisfaction of the court that such

additional evidence is material and that there were reasonable grounds for

the failure to adduce such evidence in the proceeding before the director,

the court may order such additional evidence to be taken before the director

and to be adduced upon the hearing in such manner and upon such terms and

conditions as the court may deem proper. The director may modify his

findings of fact, or make new findings by reason of the additional evidence

so taken, and he shall file such modified or new findings which are supported

by evidence on the record and his recommendation, if any, for the modification

or setting aside of his original order, with the return of such additional

evidence.



3. An order issued by the director under section 375.942 shall become

final:



(1) Upon the expiration of the time allowed for filing a petition for

review if no such petition has been duly filed within such time; except that

the director may thereafter modify or set aside his order to the extent

provided in subsection 2 of section 375.942; or



(2) Upon the final decision of the court if the court directs that the

order of the director be affirmed or the petition for review dismissed.



4. No order of the director under section 375.942 or order of a court to

enforce the same shall in any way relieve or absolve any person affected by

such order from any liability under any other laws of this state.



(L. 1959 H.B. 251 § 8, A.L. 1991 S.B 53)







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