Section 12 Legal Authority

• Library: Administrative Law 2011

The agency is required to cite the legal authority by which it is taking the action, usually a citation to a statute or the Missouri Constitution. This citation by the agency should always be checked for accuracy; some agencies have been known to cite to statutory sections that do not even refer to rulemaking authority, thus casting doubt on the legality of the proposed action. Further, an analysis should be made as to whether the subject matter of the proposed action can truly be considered to come within the scope of the rulemaking authority granted by the General Assembly. In other words, just because an agency has some rulemaking...