Section 6 Examples—Found Not to Be Administrative Rules

• Library: Administrative Law 2011

“Not everything that is written or published by an agency constitutes an administrative rule.” United Pharmacal Co. of Mo. Inc. v. Mo. Bd. of Pharmacy, 159 S.W.3d 361, 365 (Mo. banc 2005) (a Frequently Asked Question posted on the Board’s website was not an administrative rule but rather “an expression of the board’s interpretation of law without any force or legal effect”).

Missouri Soybean Ass’n v. Missouri Clean Water Commission,
102 S.W.3d 10 (Mo. banc 2003), involved a challenge to the CWC’s (Clean Water Commission’s) inclusion of the Missouri and Mississippi Rivers on the list of impaired waters submitted to the Environmental Protection Agency...