Section 11 Explanation and Reasons

• Library: Administrative Law 2011

The first requirement is an explanation of any new rule or any proposed change in an existing rule, and the reasons for it. The Secretary of State sets out this required explanation in a “Purpose” section of the notice appearing in the Missouri Register.

Even after more than three decades of experience under these statutes, some agencies are still less than publicly candid about why they are proposing to do something. Ideally, the agency will give a summary of its intended action and then give a cogent explanation of why the action is needed. Some do. But sometimes the agency will make a superficial attempt at complying, e.g., “This amendment brings the regulation into conformity with changes in the state statutes.” Such brevity usually does not adequately explain a change in the rule and the reasons for it. It does not explain the agency’s rationale for the rule so that the...