Section 38 Tests for Determining Validity of Rules

LibraryAdministrative Law 2011

No standards for review are contained in § 536.050, RSMo Supp. 2010. The only clue in § 536.050.1 is the phrase “respecting the validity of rules.”

Courts have developed several tests, but it is important to remember that judicial review may take the broadest possible range and that not too much reliance can be placed on particular phrases of the court regarding scope of review.

Section 536.014, RSMo 2000, states the following factors that “shall” invalidate a rule:

“(1) There is an absence of statutory...

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