The provisions of sections 536.100 through 536.150, RSMo, shall govern procedure in circuit courts for judicial review of actions of administrative agencies unless the statute governing a particular agency contains different provisions for such review.

Note: This is substantially the same as Section 536.010, RSMo 1959.

In this rule the practice and procedure provisions of Chapter 536, RSMo 1959, relating to circuit court and appellate court administrative review have been adopted as rules of Court. The following Sections dealing solely with practice and procedure before administrative agencies have been omitted: 536.020, 536.030, 536.040, 536.063, 536.067, 536.070, 536.073, 536.077, 536.080, and 536.090, RSMo 1959. Section 536.050 is omitted since it deals with jurisdiction and venue.  See Rule 51.01.

This is new.

(a) Designation of Parties. The party filing the petition for review or notice of appeal shall be known as the appellant and the adverse party as the respondent.

(b) Docket Fee. A docket fee in the amount specified in Rule 81.04(d) is required. It shall be deposited with the clerk of the appellate court at the time of filing a petition for review under section 621.189, RSMo, and with the commission at the time of filing a notice of appeal under section 287.495 or 288.210, or 386.510, RSMo. No petition for review shall be accepted and filed by the clerk of the appellate court and no notice of appeal shall be accepted and filed by the commission unless the docket fee is deposited therewith or the appellant is not required by law to pay the docket fee. If a petition for review or notice of appeal is accepted without timely payment, the petition may be dismissed.

(c) Petition for Review and Notice of Appeal – Contents. The petition for review or notice of appeal shall specify the party seeking review, the decision sought to be reviewed, and a concise statement of the grounds on which jurisdiction is invoked. A notice of appeal filed under section 386.510, RSMo, shall also contain any other items listed in the section.

(d) Petition for Review and Notice of Appeal – Service. At the time of filing the petition for review or notice of appeal, the appellant shall serve a copy thereof on each party of record and on the commission from which the matter is appealed.

(e) Record – Contents. The record shall consist of:

Except as otherwise provided for in this Rule 100.02, the record shall be assembled, indexed, and the pages numbered as provided in Rules 81.12 and 84.03.

(f) Record – Certification. The transcript shall be certified by the commission’s reporter as true and accurate. The remaining part of the record shall be prepared and certified by the commission as being true, accurate, and complete. In appeals filed pursuant to section 386.510, RSMo, the commission shall certify its record to the appellate court within 30 days of the filing of the notice of appeal, unless otherwise ordered by the court.

(g) Record – Filing. When a commission transmits the record to the appellate court, it shall do so within 30 days after the filing of the petition for review or notice of appeal. In all other cases, the appellant shall file the record with the appellate court within 30 days after the filing of the petition for review or notice of appeal. The appellate court, either on application or on its own motion, may enlarge or shorten the time for filing the record.

(h) Record – Supplemental Record. The appellate court may, if it deems necessary, on its own initiative or at the request of a party order the commission to prepare and file a supplemental record or the commission may be directed to send to the court any original documents or exhibits.

(i) Record – Service. At the time of filing the record, the filer shall give all parties notice of the filing and an index of the items filed.

(j) Briefs and Motions. The form, contents, filing, and service of briefs and motions shall be as provided in Rule 84.