382.300. Appeals from director's action, procedure.
Appeals from director's action, procedure.
382.300. 1. Any person aggrieved by any act, determination,rule, regulation, order or any other action of the directorpursuant to sections 382.010 to 382.300 may appeal therefrom tothe circuit court for Cole County. The court shall conduct itsreview without a jury and by trial de novo, but if all parties,including the director, so stipulate, the review shall beconfined to the record. Portions of the records may beintroduced by stipulation into evidence in a trial de novo as tothose parties so stipulating.
2. The filing of an appeal pursuant to this section shallstay the application of any rule, regulation, order or otheraction of the director to the appealing party unless the court,after giving such party notice and an opportunity to be heard,determines that such a stay would be detrimental to the interestsof policyholders, shareholders, creditors or the public.
3. Any person aggrieved by any failure of the director toact or make a determination required by sections 382.010 to382.300 may petition the circuit court for Cole County for a writin the nature of a mandamus or a peremptory mandamus directingthe director to act or make the determination forthwith.
(L. 1971 S.B. 101 § 33)