Section 36 Generally

• Library: Administrative Law 2011

Section 536.050.1, RSMo Supp. 2010, provides that anyone may bring a declaratory judgment action “respecting the validity of rules, or of threatened applications thereof, and such suits may be maintained against agencies whether or not the plaintiff has first requested the agency to pass upon the question presented.” But counsel should note that this action does not lie against all administrative agencies. The Missouri PSC (Public Service Commission) has been held exempt. See Union Elec. Co. v. Clark, 511 S.W.2d 822 (Mo. 1974); State ex rel. Sw. Bell Tel. Co. v. Pub. Serv. Comm’n, 592 S.W.2d 184 (Mo. App. W.D. 1979); §2.46, infra. It might also be noted here that the PSC is no longer exempted from the requirement to concurrently file any proposed rule or rule amendment with the JCAR (Joint Committee on Administrative Rules). See §2.28, supra.

Section 536.050.1 is an important provision that lets a person who feels threatened by a rule secure a judicial determination as to its validity. Provisions of this section allow for recovery of attorney fees and other expenses if the person prevails. See § 536.050.3–.8. The General Assembly is also allowed to intervene. Section 536.050.9.

The provision has basically been in the statutes since 1946. Relatively few cases are annotated under it in Vernon’s Annotated Missouri Statutes because challenges to the validity of rules usually appear under the subject area of the agency concerned rather than in this central location.

It should be noted that § 536.050.1 pertains to “rules” and that...