[Download] "State Missouri v. Sonny Townes" by Supreme Court of Missouri Division 2 " eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Sonny Townes
- Author : Supreme Court of Missouri Division 2
- Release Date : January 14, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The subject matter of this appeal is the dismissal for cause of Jacqueline Lederer from her employment at the Division of Aging of the Missouri Department of Social Services. Lederer appealed her dismissal to the Personnel Advisory Board PAB, which affirmed the action. Lederer elected to have review of the decision by the Administrative Hearing Commission as provided for by § 36.390.9, RSMo 1986. The AHC determined that the dismissal was not supported by competent and substantial evidence on the whole record and was otherwise defective for want of procedural due process. The AHC set aside the PAB dismissal and remanded the case to the agency for further administrative proceeding. The Division of Aging filed a notice of appeal of the decision of the AHC in this court and concurrently a petition for judicial review in the circuit court of Cole County. That duplicate filing was prompted by indecision as to whether any provision of law placed jurisdiction of the subject matter of an appeal from an AHC review under § 36.390.9 in the court of appeals. The Division of Aging requested in the jurisdictional statement of the brief, and again on oral argument, that this court establish its jurisdiction by express opinion. We determine that the court of appeals is without subject matter jurisdiction of an AHC review under § 36.390.9. We dismiss the appeal and remand the case to the AHC for further proceedings.