Penny Schrock, Appointing Authority Department of Social Services, Division of Finance and Administrative Services Missouri Cases

Xinsheng (Randy) Gan appealed the Administrative Hearing Commission's denial of his application for attorney's fees, which had been upheld by the circuit court. This appeal is the latest in a series of cases stemming from Gan's dismissal from employment and subsequent reinstatement. The appellate court dismissed Gan's appeal due to numerous and repeated violations of Missouri Supreme Court Rule 84.04 regarding briefing requirements, including a deficient statement of facts, improper points relied on, and a lack of authority or preservation statements in the argument section.

Mr. Xinsheng Gan was dismissed from his position as a research analyst with the Missouri Department of Social Services. The Administrative Hearing Commission (AHC) twice reinstated Mr. Gan, concluding his dismissal was not for the good of the service and that racial factors contributed to the decision. The circuit court reversed the AHC's second decision. The appellate court reversed the circuit court's judgment, affirming the AHC's decision to reinstate Mr. Gan and remanding for consideration of attorney fees.