Section 7 Definitions of “Agency” and “State Agency”

• Library: Administrative Law 2011

The definition of “agency” is purposely broad: “‘Agency’ means any administrative officer or body existing under the constitution or by law and authorized by law or the constitution to make rules or to adjudicate contested cases . . . .” Section 536.010(2), RSMo Supp. 2010. The reason for the broadness is that “agency” is a term used throughout Chapter 536, RSMo, Administrative Procedure and Review, and thus is intended to apply to even small local governmental agencies or boards.

Rulemaking publication requirements, however, apply only to “state agencies”:

“State agency” means each board, commission, department, officer or other administrative office or unit of the state other than the general assembly, the courts, the governor, or a political subdivision of the state, existing under the constitution or statute, and authorized by the...