Section 43 Arbitrary or Unreasonable Action

• Library: Administrative Law 2011

Courts will set aside rules deemed to be arbitrary or unreasonable. Reasonableness is a word the Missouri courts use frequently. They have tried to explain what reasonable means by stating that “[a]dministrative rules should be reviewed in light of the evil they seek to cure and are not unreasonable merely because they are burdensome.” Foremost-McKesson, Inc. v. Davis, 488 S.W.2d 193, 197–98 (Mo. banc 1972); see also Pen‑Yan Inv., Inc. v. Boyd Kansas City, Inc., 952 S.W.2d 299, 303 (Mo. App. W.D. 1997).

The court of appeals has explained that “arbitrary and capricious,” in the context of administrative rules, means:

“willful and unreasoning action, without consideration of and in disregard of the facts and circumstances . . . .” “[a]n...