Gaertner, Sr., P.J., and Draper III, J., concur. Paskel filed a petition for review in the Cape Girardeau County Circuit Court pursuant to section 577.041.4, seeking to have his driver's license reinstated. After a bench trial, the circuit court reinstated Paskel's driver's license. The court further assessed costs against Director. Director does not appeal the reinstatement of Paskel's driver's license, but does appeal the award of costs to Paskel.
Director argues the award of costs is improper because no specific statute authorizes the award.
Our review of the award of costs to Paskel is limited to determining if the trial court's award was arbitrary and capricious, unreasonable, unsupported by competent and substantial evidence, made contrary to the law or in excess of the court's jurisdiction. However, we afford the trial court no deference in determinations of law, which we review de novo. It is well established law that costs cannot be assessed against state agencies or state officials absent express statutory authority. We agree with and adopt the analysis set forth in Hinton. No purpose would be served by restating that analysis herein.