Section 34 Effect of Ambiguous Rules

• Library: Administrative Law 2011

Historically, Missouri courts have been permitted to evince agency intent through an examination of the agency’s own interpretation of its rules. In other words, reviewing courts were to give substantial deference to an agency’s interpretation of its own rule when presented with an ambiguous provision. For example, State ex rel. Danforth v. Riley, 499 S.W.2d 40 (Mo. App. W.D. 1973), discusses the standard traditionally applied in these instances:

In such a situation, absent any judicial interpretation of their meaning, it is permissible for the parties and the court to look for aid to the executive or administrative interpretations which have been placed upon them. While such would not be binding on the court, they would properly be given weight and might carry great persuasive influence in the ultimate judicial decision as to legal significance and effect . . . .

Id. at 44. And see...