Lena Maude Stacy v. Department Public

PER CURIAM : The Department of Public Health and Welfare has appealed from the judgment of the Circuit Court of Barton County which reversed its director's decision denying respondent old age assistance benefits and remanded the proceedings for redetermination by the director. Subsec. 5, § 208.100. 1 In conjunction with the appeal, the Circuit Clerk of Barton County sent us a collection of papers said to be ""the Original file, record and proceedings in the above entitled cause."" We have advised the appellant that in our opinion these papers (and similar papers sent in like appeals) do not qualify as a transcript on appeal because they do not conform to the requirements of Civil Rule 82.14; the pages are not numbered consecutively, there is no index, a copy has not been served on respondent, they have not been approved by either counsel or court, and the papers in nowise meet the specifications for a transcript on appeal as established by the Rules of Civil Procedure. Appellant contends that the Rules of Civil Procedure do not apply to such appeals to this court because § 208.110 ""creates the right of review and prescribes the manner of appeal."" Section 208.100 states that an applicant for old age assistance who is aggrieved through the denial of benefits ""by the action of the director of public health and welfare ... may appeal to the circuit court,"" and that upon the filing of an ""affidavit for appeal"" the director shall certify to the circuit court ""the entire record preserved in the case at the time of the applicant's hearing;"" the appeal is then tried in the circuit court upon that record so certified by the director. If the circuit court decides ""that a fair hearing and determination of the applicant's eligibility and rights ... was not granted ... by said director, or that his decision was arbitrary and unreasonable, the court in such event shall remand the proceedings for redetermination of the issues by said director."" Section 208.110 provides: ""Appeals may be had by either party from the circuit court upon the record in the same manner as provided herein for appeals from the director to the circuit court.""