Section 21 Emergency Rules

• Library: Administrative Law 2011

In situations deemed to require emergency action, an agency can make a rule effective 10 days after it is filed with the Secretary of State. The time limit comes from the requirements in article IV, § 16, of the Missouri Constitution and § 536.025, RSMo 2000. Emergency rules filed under the provisions of § 536.025 can only remain effective for 180 calendar days or 30 “legislative days,” whichever is longer. See § 536.025.7 for an explanation of “legislative days.”

Emergency rules cannot be renewed. Section 536.025.8. An agency cannot adopt consecutive emergency rules that have substantially the same effect. Id. Most agencies dovetail the emergency and normal rulemaking procedures by making simultaneous filings under each. In this way, the rule is effective on an emergency basis in 10 days. Before the 180‑day period expires, the agency will usually have completed the normal procedures to make it...