Section 45 Burden of Proof

• Library: Administrative Law 2011

Missouri appellate courts consistently place the burden on those seeking to challenge the validity of administrative rules. Specifically, the burden is on those challenging rules issued in accordance with statutory authority to show that the rules bear no reasonable relationship to the legislative objective, as expressed within the enabling statute. Foremost-McKesson, Inc. v. Davis, 488 S.W.2d 193
(Mo. banc 1972). These rules are to be sustained unless they are unreasonable and plainly inconsistent with...