Section 39 Unlawful Procedure

• Library: Administrative Law 2011

Section 536.024.1, RSMo Supp. 2010 (emphasis added), unequivocally provides that, “When the general assembly authorizes any state agency to adopt administrative rules or regulations, the granting of such rulemaking authority and the validity of such rules and regulations is contingent upon the agency complying with the provisions of this section in promulgating such rules after June 3, 1994.” The remaining subsections of § 536.024 require concurrent filing with JCAR, a final order of rulemaking in the proper format, correct treatment of comments, etc. See § 536.024.1–.6.

Thus, the Missouri legislature has made clear that a rule passed without observance of the required procedural steps will be invalid. This may be viewed as a statutory codification of the common law standard of “unlawful procedure.”

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