1. 1. In any action challenging any rule promulgated pursuant to the provisions of sections 316.200 to 316.237, the agency as defined in section 536.010, RSMo, promulgating such rule shall be required to prove by a preponderance of the evidence that the rule or threatened application of the rule is valid, is authorized by law, is not in conflict with any law, and is not arbitrary and capricious.
2. 2. The court shall award reasonable fees and expenses as defined in section 536.085, RSMo, to any party who prevails in such action.
3. 3. All rules promulgated pursuant to the provisions of this section shall expire on August twenty-eighth of the year after the year in which the rule became effective unless the general assembly extends by statute the rule or set of rules beyond that date to a date specified by the general assembly.
4. 4. Any rulemaking authority granted pursuant to the provisions of sections 316.200 to 316.237 is subject to any rulemaking authority contained in chapter 536, RSMo, including any subsequent amendments to chapter 536, RSMo.
5. 5. The provisions of this section shall terminate if legislation amending the provisions of section 536.024, RSMo, has been signed into law prior to August 28, 1997.

(L. 1997 H.B. 276 § 13)

*This section terminates 6-27-97. RSMo 536.024 became effective 6-27-97.