Missouri Real Estate Appraisers Commission v. Mark A. Funk

The Missouri Real Estate Appraisers Commission (“Commission”) sought review of the Administrative Hearing Commission’s (“AHC”) decision awarding attorney’s fees to Mark Funk under section 536.0871 for fees he incurred as the prevailing party in the underlying civil action arising from the Commission’s denial of his application for certification as a state-certified appraiser. The AHC awarded the fees based on its determination that the Commission’s decision to appeal the AHC’s grant of appraiser certification to Mr. Funk was. not substantially justified because a court is required to defer to…