32.125. No rule or portion of a rule promulgated under the authorityof this chapter shall become effective unless it has been promulgatedpursuant to the provisions of section 536.024, RSMo.
*This section was amended by both S.B. 3 and S.B. 374 during the First Regular Session of the 88th General Assembly, 1995. Due to possible conflict, both versions are printed here.
Rules and regulations, promulgation--filing, disapproval,effect--ratification of disapproval by general assembly--suspensionor revocation of rule by general assembly, publication.
32.125. 1. No rule or portion of a rule promulgated under theauthority of this chapter or any provisions of any other chapter by thedepartment of revenue shall become effective until it has been approved bythe joint committee on administrative rules in accordance with theprocedures provided herein, and the delegation of the legislative authorityto enact law by the adoption of such rules is dependent upon the power ofthe joint committee on administrative rules to review and suspend rulespending ratification by the senate and the house of representatives asprovided herein.
2. Upon filing any proposed rule with the secretary of state, thedepartment of revenue shall concurrently submit such proposed rule to thecommittee, which may hold hearings upon any proposed rule or portionthereof at any time.
3. A final order of rulemaking shall not be filed with the secretaryof state until thirty days after such final order of rulemaking has beenreceived by the committee. The committee may hold one or more hearingsupon such final order of rulemaking during the thirty-day period. If thecommittee does not disapprove such order of rulemaking within thethirty-day period, the department of revenue may file such order ofrulemaking with the secretary of state and the order of rulemaking shall bedeemed approved.
4. The committee may, by majority vote of the members, suspend theorder of rulemaking or portion thereof by action taken prior to the filingof the final order of rulemaking only for one or more of the followinggrounds:
(1) An absence of statutory authority for the proposed rule;
(2) An emergency relating to public health, safety or welfare;
(3) The proposed rule is in conflict with state law;
(4) A substantial change in circumstance since enactment of the lawupon which the proposed rule is based.
5. If the committee disapproves any rule or portion thereof, thedepartment of revenue shall not file such disapproved portion of any rulewith the secretary of state and the secretary of state shall not publish inthe Missouri Register any final order of rulemaking containing thedisapproved portion.
6. If the committee disapproves any rule or portion thereof, thecommittee shall report its findings to the senate and the house ofrepresentatives. No rule or portion thereof disapproved by the committeeshall take effect so long as the senate and the house of representativesratify the act of the joint committee by resolution adopted in each housewithin thirty legislative days after such rule or portion thereof has beendisapproved by the joint committee.
7. Upon adoption of a rule as provided herein, any such rule orportion thereof may be suspended or revoked by the general assembly eitherby bill or, pursuant to section 8, article IV of the constitution, byconcurrent resolution upon recommendation of the joint committee onadministrative rules. The committee shall be authorized to hold hearingsand make recommendations pursuant to the provisions of section 536.037,RSMo. The secretary of state shall publish in the Missouri Register, assoon as practicable, notice of the suspension or revocation.
*This section was amended by both S.B. 3 and S.B. 374 during the First Regular Session of the 88th General Assembly, 1995. Due to possible conflict, both versions are printed here.
32.125. No rule or portion of a rule promulgated under the authorityof this chapter shall become effective unless it has been promulgatedpursuant to the provisions of section 536.024, RSMo.
*This section was amended by both S.B. 3 and S.B. 374 during the First Regular Session of the 88th General Assembly, 1995. Due to possible conflict, both versions are printed here.
Rules and regulations, promulgation--filing, disapproval,effect--ratification of disapproval by general assembly--suspensionor revocation of rule by general assembly, publication.
32.125. 1. No rule or portion of a rule promulgated under theauthority of this chapter or any provisions of any other chapter by thedepartment of revenue shall become effective until it has been approved bythe joint committee on administrative rules in accordance with theprocedures provided herein, and the delegation of the legislative authorityto enact law by the adoption of such rules is dependent upon the power ofthe joint committee on administrative rules to review and suspend rulespending ratification by the senate and the house of representatives asprovided herein.
2. Upon filing any proposed rule with the secretary of state, thedepartment of revenue shall concurrently submit such proposed rule to thecommittee, which may hold hearings upon any proposed rule or portionthereof at any time.
3. A final order of rulemaking shall not be filed with the secretaryof state until thirty days after such final order of rulemaking has beenreceived by the committee. The committee may hold one or more hearingsupon such final order of rulemaking during the thirty-day period. If thecommittee does not disapprove such order of rulemaking within thethirty-day period, the department of revenue may file such order ofrulemaking with the secretary of state and the order of rulemaking shall bedeemed approved.
4. The committee may, by majority vote of the members, suspend theorder of rulemaking or portion thereof by action taken prior to the filingof the final order of rulemaking only for one or more of the followinggrounds:
(1) An absence of statutory authority for the proposed rule;
(2) An emergency relating to public health, safety or welfare;
(3) The proposed rule is in conflict with state law;
(4) A substantial change in circumstance since enactment of the lawupon which the proposed rule is based.
5. If the committee disapproves any rule or portion thereof, thedepartment of revenue shall not file such disapproved portion of any rulewith the secretary of state and the secretary of state shall not publish inthe Missouri Register any final order of rulemaking containing thedisapproved portion.
6. If the committee disapproves any rule or portion thereof, thecommittee shall report its findings to the senate and the house ofrepresentatives. No rule or portion thereof disapproved by the committeeshall take effect so long as the senate and the house of representativesratify the act of the joint committee by resolution adopted in each housewithin thirty legislative days after such rule or portion thereof has beendisapproved by the joint committee.
7. Upon adoption of a rule as provided herein, any such rule orportion thereof may be suspended or revoked by the general assembly eitherby bill or, pursuant to section 8, article IV of the constitution, byconcurrent resolution upon recommendation of the joint committee onadministrative rules. The committee shall be authorized to hold hearingsand make recommendations pursuant to the provisions of section 536.037,RSMo. The secretary of state shall publish in the Missouri Register, assoon as practicable, notice of the suspension or revocation.
*This section was amended by both S.B. 3 and S.B. 374 during the First Regular Session of the 88th General Assembly, 1995. Due to possible conflict, both versions are printed here.
32.125. No rule or portion of a rule promulgated under the authorityof this chapter shall become effective unless it has been promulgatedpursuant to the provisions of section 536.024, RSMo.
*This section was amended by both S.B. 3 and S.B. 374 during the First Regular Session of the 88th General Assembly, 1995. Due to possible conflict, both versions are printed here.
Rules and regulations, promulgation--filing, disapproval,effect--ratification of disapproval by general assembly--suspensionor revocation of rule by general assembly, publication.
32.125. 1. No rule or portion of a rule promulgated under theauthority of this chapter or any provisions of any other chapter by thedepartment of revenue shall become effective until it has been approved bythe joint committee on administrative rules in accordance with theprocedures provided herein, and the delegation of the legislative authorityto enact law by the adoption of such rules is dependent upon the power ofthe joint committee on administrative rules to review and suspend rulespending ratification by the senate and the house of representatives asprovided herein.
2. Upon filing any proposed rule with the secretary of state, thedepartment of revenue shall concurrently submit such proposed rule to thecommittee, which may hold hearings upon any proposed rule or portionthereof at any time.
3. A final order of rulemaking shall not be filed with the secretaryof state until thirty days after such final order of rulemaking has beenreceived by the committee. The committee may hold one or more hearingsupon such final order of rulemaking during the thirty-day period. If thecommittee does not disapprove such order of rulemaking within thethirty-day period, the department of revenue may file such order ofrulemaking with the secretary of state and the order of rulemaking shall bedeemed approved.
4. The committee may, by majority vote of the members, suspend theorder of rulemaking or portion thereof by action taken prior to the filingof the final order of rulemaking only for one or more of the followinggrounds:
(1) An absence of statutory authority for the proposed rule;
(2) An emergency relating to public health, safety or welfare;
(3) The proposed rule is in conflict with state law;
(4) A substantial change in circumstance since enactment of the lawupon which the proposed rule is based.
5. If the committee disapproves any rule or portion thereof, thedepartment of revenue shall not file such disapproved portion of any rulewith the secretary of state and the secretary of state shall not publish inthe Missouri Register any final order of rulemaking containing thedisapproved portion.
6. If the committee disapproves any rule or portion thereof, thecommittee shall report its findings to the senate and the house ofrepresentatives. No rule or portion thereof disapproved by the committeeshall take effect so long as the senate and the house of representativesratify the act of the joint committee by resolution adopted in each housewithin thirty legislative days after such rule or portion thereof has beendisapproved by the joint committee.
7. Upon adoption of a rule as provided herein, any such rule orportion thereof may be suspended or revoked by the general assembly eitherby bill or, pursuant to section 8, article IV of the constitution, byconcurrent resolution upon recommendation of the joint committee onadministrative rules. The committee shall be authorized to hold hearingsand make recommendations pursuant to the provisions of section 536.037,RSMo. The secretary of state shall publish in the Missouri Register, assoon as practicable, notice of the suspension or revocation.
*This section was amended by both S.B. 3 and S.B. 374 during the First Regular Session of the 88th General Assembly, 1995. Due to possible conflict, both versions are printed here.
