Section 41 Extension or Modification of Statute

• Library: Administrative Law 2011

Rules are void if they extend or modify a statute. Long v. Interstate Ready-Mix, L.L.C., 83 S.W.3d 571 (Mo. App. W.D. 2002). According to 73 C.J.S. Public Administrative Law and Procedure § 163 (2004), inasmuch as a public administrative body’s rulemaking power is a delegated legislative power, which it may not use either to abridge the statutory authority given it by the legislature or to enlarge its powers beyond the scope intended by the legislature, statutory provisions control with respect to what...