Section 46 Agencies With Special Review Provisions

• Library: Administrative Law 2011

Counsel should be aware that some agencies’ rules may be subject to review by special statutory provisions that have the effect of preventing review under Chapter 536, RSMo, or that require the challenger to exhaust an administrative remedy before instituting a judicial challenge.

Union Electric Co. v. Clark, 511 S.W.2d 822, 825 (Mo. 1974), held that an “order” of the PSC, although meeting the definition of “rule,” was reviewable only under § 386.510, now RSMo 2000. “We conclude
that the Legislature has...