Section 28 Joint Committee on Administrative Rules

• Library: Administrative Law 2011

The JCAR, a permanent legislative committee created in 1975 to monitor and review agency rulemaking, can be a relatively quick and effective means of influencing an agency’s actions. Composed of five senators and five representatives, the permanent committee was originally charged with reviewing all rules promulgated after January 1, 1976, by its authorizing legislation, § 536.037, RSMo Supp. 2010. But in subsequent years, the General Assembly has given the JCAR considerably greater powers on a case-by-case basis by grafting broad powers of the JCAR onto specific grants of agency rulemaking authority.

The JCAR was allowed by § 536.037, as originally enacted in 1975, to “review” the rules of all agencies. If the JCAR found that any rule should be changed, it was required to report its findings and recommendations to the General Assembly and the Commissioner of Administration. Thus, as originally enacted, the JCAR had no explicit power to alter a rule or to compel an agency to follow its advice. It did have, of course, substantial power to influence appropriations for the agency, or the JCAR could seek amendment of the statute that delegated the rulemaking authority to the agency. In the early years of its operation, the JCAR was usually successful in persuading an agency to change a rule.

In subsequent years, the General Assembly added to individual agency grants of rulemaking authority a provision allowing the JCAR to suspend a rule, subject to the General Assembly’s right to reinstate the suspended rule by concurrent resolution signed by the Governor. In one form, the legislative oversight provision provided that no rule or portion...