Section 25 Judicial Notice of Rules in the Code of State Regulations

• Library: Administrative Law 2011

The contents of the CSR must be judicially noticed, without proof, by the courts of the state. Section 536.031.5, RSMo Supp. 2010; State v. Crowell, 560 S.W.2d 889, 891 (Mo. App. S.D. 1978). It should be noted that the statute only refers to the contents of the CSR. Thus, rules appearing only in the Missouri Register are not covered. Therefore, if litigation involves a proposed rule not yet appearing in the CSR, an emergency rule that only appeared in the Missouri Register, or a rule that has been eliminated due to rescission, some evidence of its existence must be offered. The Secretary of State’s office will provide certified copies.

Before 1975, no agency rules were judicially noticed by the...