Daniel R.E. Jordan, Esquire
Collateral attack on decision requires evidence. State of Missouri vs. Superior Manufacturing, et al., No. 74730 (Mo. App. W.D., Aug. 21, 2012), Smart Jr., J.
Statutes provide procedure for assessing and collecting civil penalties and costs for violations of securities laws, including substitute service on Commissioner of Securities. Upon filing of final decision in circuit court, statutes provide that garnishment issues as on a judgment. Circuit court excluded entry of administrative record into evidence and quashed garnishment for lack of personal service.
Held: Reversed. Decision, once final, is presumed as valid as a judgment. Decision is subject to collateral attack on constitutional grounds but challenger has burden of proof. Circuit court rejected record of agency proceedings so no evidence supported constitutional challenge. Remanded for making a record on constitutional challenge.