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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Vermett v. State, 544 S.W.3d 294 (2018)

Citation
Vermett v. State, 544 S.W.3d 294 (2018)
Parent Document
Vermett v. State, 544 S.W.3d 294 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-02-27

Full Text

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This Court reviews the decision of the administrative agency, not the circuit court. Coffer v. Wasson-Hunt, 281 S.W.3d 308, 310 (Mo. banc 2009). Our review extends to a determination of whether the administrative agency's action (1) is in violation of constitutional provisions; (2) is in excess of the statutory authority or jurisdiction of the agency; (3) is unsupported by competent and substantial evidence upon the whole record; (4) is, for any other reason, unauthorized by law; (5) is made upon unlawful procedure or without a fair trial; (6) is arbitrary, capricious or unreasonable; or (7) involves an abuse of discretion. § 536.140. We review the *299record before the administrative agency in its entirety, not simply the evidence that supports the agency's decision. Lake Ozark-Osage Beach Joint Sewer Bd. v. Missouri Dep't of Nat. Res., 491 S.W.3d 667, 672 (Mo. App. W.D. 2016). "Although the commission's decision is afforded substantial deference, this Court must still 'examine the whole record to determine if it contains sufficient competent and substantial evidence to support the award, i.e., whether the award is contrary to the overwhelming weight of the evidence.' " Malam v. State, Dep't of Corr. , 492 S.W.3d 926, 928 (Mo. banc 2016) (quoting Hampton v. Big Boy Steel Erection , 121 S.W.3d 220, 223 (Mo. banc 2003) ). Further, we defer to the administrative agency's ability to determine witness credibility. Van Den Berk v. Missouri Com'n on Human Rights, 26 S.W.3d 406, 410 (Mo. App. E.D. 2000). We review questions of law de novo. Lake Ozark-Osage Beach Joint Sewer Bd., 491 S.W.3d at 672. III. Discussion Point I