Mo. Rev. Stat. ch. 536 – Administrative Procedure and Review | Midpage

Collections
Revised Statutes of Missouri

Chapter 536

Mo. Rev. Stat. ch. 536

Administrative Procedure and Review

536.010Definitions 536.014Rules invalid, when 536.015Missouri Register published at least monthly 536.016Requirements for rulemaking — proposed rules to be made available on agency website 536.017Taking of private property defined — proposed rules require takings analysis, when, purpose, procedure — rule invalid, when — exceptions 536.018"Agency" and "state agency" not to include institutions of higher education if sufficient safeguards for contested cases provided by institutions 536.019Effective date of rules — contingent effective date 536.021Rules, procedure for making, amending or rescinding — notice of — rules effective when, exception — effective date to be printed in code of state regulations — failure of agencies to promulgate a required rule — effect — exception — letter ruling authorized for department of revenue, effect 536.022Suspension or termination of rules — procedure 536.023Procedures for numbering, indexing and publishing to be prescribed by secretary of state 536.024Validity of rules promulgated by state agency dependent on compliance with procedural requirements — powers and duties of joint committee 536.025Emergency rule powers — procedure — definitions 536.026Comments on proposed rules — committees for comment 536.027Written comments to be retained as public record for three years 536.028Contingent delegation of rulemaking power — effective date of rules — notice to be filed with joint committee — committee's powers — disapproval or annulment of rules, grounds, procedure, effect — publishing of rules, when — nonseverable — contingent effective date 536.031Code to be published — to be revised monthly — incorporation by reference authorized 536.032Code of state regulations, secretary of state authorized to make nonsubstantive changes, when 536.033Sale of register and code of state regulations, cost, how established — correction of clerical errors authorized 536.035Rules and orders to be permanent public record — executive orders to be published in the Missouri Register 536.037Committee on administrative rules, members, meetings, duties — reports — expenses 536.041Any person may petition agency concerning rules, agency must furnish copy to committee on administrative rules and commissioner of administration together with its action — agency recommendations, procedure 536.043Director of social services not required to but may promulgate rules 536.046Public rulemaking docket, contents, publication 536.050Declaratory judgments respecting the validity of rules — fees and expenses — standing, intervention by general assembly 536.053Standing to challenge rule 536.055Correspondence from state agencies, information required — must be printed or typed 536.060Informal disposition of case by stipulation — summary action — waiver 536.063Contested case, how instituted — pleadings — copies sent parties 536.067Notice in contested case — mailing — contents — notice of hearing — time for 536.068Responsive pleadings to petitioner's complaint or petition to be filed, when — extension — content — bench ruling or memorandum decision on request, when 536.070Evidence — witnesses — objections — judicial notice — affidavits as evidence — transcript 536.073Depositions, use of — how taken — discovery, when available — enforcement — administrative hearing commission to make rules for depositions by stipulation — rules subject to suspension by joint committee on administrative rules 536.075Discovery rule violations, sanctions 536.077Subpoenas, issuance — form — how served — how enforced 536.080Parties may file briefs — officials to hear or read evidence 536.083Hearing officer not to conduct rehearing or appeal involving same issues and parties 536.085Definitions 536.087Reasonable fees and expenses awarded prevailing party in civil action or agency proceeding — application, content, filed with court or agency where party appeared — appeal by state, effect — power of court or agency to reduce requested amount or deny, when — form of award — judicial review, when 536.090Decisions in writing — notice 536.095Contempt — procedure for punishment 536.100Party aggrieved entitled to judicial review — waiver of independent review, when 536.110Petition, when filed — process — venue 536.120Suspension of decisions or orders 536.130Record on judicial review 536.140Scope of judicial review — judgment — appeals 536.150Review by injunction or original writ, when — scope 536.160Refund of funds paid into court, when 536.175Periodic review required by state agencies, schedule, procedure 536.200Fiscal note for proposed rules or emergency rules affecting public funds, required when, where filed, contents — failure to file, procedure — publication — effect of failure to publish — first year evaluation, publication — challenges to rule for failure to meet requirement, time limitations 536.205Fiscal notes for proposed rules or emergency rules affecting private persons or entities, required, when, where filed, contents — publication — effect of failure to publish — challenges to rule for failure to comply, time limitation 536.210Fiscal note forms 536.215Revised fiscal notes required, when — rejection, when 536.300Proposed rules, effect on small business to be determined, exceptions — impact statement to be prepared, when, contents 536.320Waiver or reduction of administrative penalties, when — inapplicability, when