Section 29 Express Authority

• Library: Administrative Law 2011

Rulemaking is deemed to be an executive power. State ex rel. Royal Ins. v. Dir. of Ins., 894 S.W.2d 159, 161 (Mo. banc 1995). The type of authority an executive agency has for making a rule is usually directly related to the legal effect of the rule. Briefly, courts and text writers call the type of rules made in accordance with authority explicit in the statute “legislative rules.” At the federal level, those rules clearly have the force of law. They are sometimes given that effect on the state and local levels as well. To have the force of law, state agency rules must derive from properly delegated authority, as expressed in the agency’s enabling statutes. See Dir., Mo. Dep’t of Pub. Safety v. Murr, 11 S.W.3d 91, 96 (Mo. App. W.D. 2000). This authority may be either expressly or impliedly conferred by the agency’s...