Section 9 Overview

• Library: Administrative Law 2011

The rulemaking process at the state level in Missouri has only truly been a “public” one since 1976, even though there were statutes calling for publication of rules as early as 1946. The statute required the publication by the proper state officer but failed to identify that person.

Missouri uses the “notice and comment” form of rulemaking, which is set out generally in § 536.021, RSMo Supp. 2010. This is the “normal” process as contrasted with the “emergency” process. See §2.21, infra. By the normal process, a state agency is required to publish a notice of its intended action in the Missouri Register, along with an explanation of why it is taking that action. This “Notice of Proposed Rulemaking” takes the form of a proposed rule, a proposed amendment to a rule, or a proposed rescission of a rule. The public is thereby given notice of the proposal and notice of an opportunity to comment on the proposal, either through sending...