Section 31 Missouri

• Library: Administrative Law 2011

There are hundreds of specific grants of rulemaking authority in the Revised Statutes of Missouri. A common phraseology is that the agency “shall promulgate such necessary rules and regulations, not inconsistent with the provisions of this chapter, to carry out sections . . . .” Other modifiers describing the type of rules to be adopted include “reasonable,” “suitable,” “appropriate,” and “desirable.” With the passage of time, the grants of authority are becoming much more restrictive. See §2.28, supra.

Agencies do not have the authority to specify fines or imprisonment as the penalty for violating any rule. Article I, § 31, of the Missouri Constitution prohibits any law that gives an agency authority to make a rule fixing a fine or imprisonment as punishment for its violation. For some interesting cases on this provision, see State v. Raccagno, 530 S.W.2d 699 (Mo. 1975), and State v. Davis, 450 S.W.2d 168 (Mo. 1970). One opinion suggests that a statutory delegation of authority for a city to impose limited penalties for violations of specified ordinances was not an unconstitutional delegation under article I, § 31. City of Pleasant Valley v. Baker, 991 S.W.2d 725
(Mo. App. W.D. 1999).

There are at least two instances in which the force of law is given to rules in Missouri by explicit provision of statute. Section 41.090, RSMo 2000, says the Governor shall make rules governing the state militia and that “such regulations shall have the authority of law.” Though not concerning the general public, one...