Section 44 Judicial Review of Rulemaking

• Library: Administrative Law 2011

Missouri state agencies have the opportunity to make a record, especially if their statutes require public hearings before the promulgation of a rule. Section 536.016.1, RSMo 2000, mandates “substantial evidence on the record” and “a finding by the agency that the rule is necessary to carry out the purposes of the statute that granted such rulemaking authority” as prerequisites for a valid rulemaking. Therefore, the record can include the following:

The finding required by § 536.016

The notice of proposed...