Section 30 Implied Authority

• Library: Administrative Law 2011

Implied authority to make rules may result in “interpretive rules” being adopted by the agency. It is suggested in 2 Am. Jur. 2d Administrative Law § 131 (2004) that the power of administrative agencies to make rules may be implied from the power granted.

If there is a “black letter” principle that appears in Missouri law, it would appear to be that an agency’s delegated authority to implement a rule can be either expressly or impliedly conferred in the enabling statutes, and this power can only be implied if it necessarily follows from the plain language of the statute. See, e.g., Dir., Mo. Dep’t of Pub. Safety v. Murr, 11 S.W.3d 91, 96 (Mo. App. W.D. 2000).

Some cases indicate that interpretative rules are not intended to be determinative of issues affecting private rights, privileges, and interests. They may be used to show that certain conduct was based on good faith reliance on the rule, but they cannot be relied on...