Rules, authority for--procedure to adopt, suspend and revoke.
263.505. 1. The department may promulgate regulations restrictingthe pasturage of livestock, entry by persons, and location of honeybeecolonies, or other activities affecting the boll weevil eradication programin any premises in an eradication zone which have been or are to be treatedwith pesticides or otherwise treated to cause the eradication of the bollweevil, or in any other area that may be affected by such treatments.
2. The department may adopt such other rules and regulations as itdeems necessary to further effectuate the purposes of sections 263.500 to263.537.
3. No rule or portion of a rule promulgated under the authority ofsections 263.500 to 263.537 shall become effective until it has beenapproved by the joint committee on administrative rules in accordance withthe procedures provided in this section, and the delegation of thelegislative authority to enact law by the adoption of such rules isdependent upon the power of the joint committee on administrative rules toreview and suspend rules pending ratification by the senate and the houseof representatives as provided in this section.
4. Upon filing any proposed rule with the secretary of state, thedepartment shall concurrently submit such proposed rule to the committee,which may hold hearings upon any proposed rule or portion thereof at anytime.
5. 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 shall hold one or more hearingsupon such final order of rulemaking during the thirty-day period within theaffected area. If the committee does not disapprove such order ofrulemaking within the thirty-day period, the department may file such orderof rulemaking with the secretary of state and the order of rulemaking shallbe deemed approved.
6. 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.
7. If the committee disapproves any rule or portion thereof, thedepartment shall not file such disapproved portion of any rule with thesecretary of state and the secretary of state shall not publish in theMissouri Register any final order of rulemaking containing the disapprovedportion.
8. 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.
9. Upon adoption of a rule as provided in this section, any such ruleor portion thereof may be suspended or revoked by the general assemblyeither by bill or, pursuant to section 8, article IV of the Constitution ofMissouri, by concurrent resolution upon recommendation of the jointcommittee on administrative rules. The committee shall be authorized tohold hearings and make recommendations pursuant to the provisions ofsection 536.037, RSMo. The secretary of state shall publish in theMissouri Register, as soon as practicable, notice of the suspension orrevocation.
Rules, authority for--procedure to adopt, suspend and revoke.
263.505. 1. The department may promulgate regulations restrictingthe pasturage of livestock, entry by persons, and location of honeybeecolonies, or other activities affecting the boll weevil eradication programin any premises in an eradication zone which have been or are to be treatedwith pesticides or otherwise treated to cause the eradication of the bollweevil, or in any other area that may be affected by such treatments.
2. The department may adopt such other rules and regulations as itdeems necessary to further effectuate the purposes of sections 263.500 to263.537.
3. No rule or portion of a rule promulgated under the authority ofsections 263.500 to 263.537 shall become effective until it has beenapproved by the joint committee on administrative rules in accordance withthe procedures provided in this section, and the delegation of thelegislative authority to enact law by the adoption of such rules isdependent upon the power of the joint committee on administrative rules toreview and suspend rules pending ratification by the senate and the houseof representatives as provided in this section.
4. Upon filing any proposed rule with the secretary of state, thedepartment shall concurrently submit such proposed rule to the committee,which may hold hearings upon any proposed rule or portion thereof at anytime.
5. 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 shall hold one or more hearingsupon such final order of rulemaking during the thirty-day period within theaffected area. If the committee does not disapprove such order ofrulemaking within the thirty-day period, the department may file such orderof rulemaking with the secretary of state and the order of rulemaking shallbe deemed approved.
6. 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.
7. If the committee disapproves any rule or portion thereof, thedepartment shall not file such disapproved portion of any rule with thesecretary of state and the secretary of state shall not publish in theMissouri Register any final order of rulemaking containing the disapprovedportion.
8. 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.
9. Upon adoption of a rule as provided in this section, any such ruleor portion thereof may be suspended or revoked by the general assemblyeither by bill or, pursuant to section 8, article IV of the Constitution ofMissouri, by concurrent resolution upon recommendation of the jointcommittee on administrative rules. The committee shall be authorized tohold hearings and make recommendations pursuant to the provisions ofsection 536.037, RSMo. The secretary of state shall publish in theMissouri Register, as soon as practicable, notice of the suspension orrevocation.
Rules, authority for--procedure to adopt, suspend and revoke.
263.505. 1. The department may promulgate regulations restrictingthe pasturage of livestock, entry by persons, and location of honeybeecolonies, or other activities affecting the boll weevil eradication programin any premises in an eradication zone which have been or are to be treatedwith pesticides or otherwise treated to cause the eradication of the bollweevil, or in any other area that may be affected by such treatments.
2. The department may adopt such other rules and regulations as itdeems necessary to further effectuate the purposes of sections 263.500 to263.537.
3. No rule or portion of a rule promulgated under the authority ofsections 263.500 to 263.537 shall become effective until it has beenapproved by the joint committee on administrative rules in accordance withthe procedures provided in this section, and the delegation of thelegislative authority to enact law by the adoption of such rules isdependent upon the power of the joint committee on administrative rules toreview and suspend rules pending ratification by the senate and the houseof representatives as provided in this section.
4. Upon filing any proposed rule with the secretary of state, thedepartment shall concurrently submit such proposed rule to the committee,which may hold hearings upon any proposed rule or portion thereof at anytime.
5. 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 shall hold one or more hearingsupon such final order of rulemaking during the thirty-day period within theaffected area. If the committee does not disapprove such order ofrulemaking within the thirty-day period, the department may file such orderof rulemaking with the secretary of state and the order of rulemaking shallbe deemed approved.
6. 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.
7. If the committee disapproves any rule or portion thereof, thedepartment shall not file such disapproved portion of any rule with thesecretary of state and the secretary of state shall not publish in theMissouri Register any final order of rulemaking containing the disapprovedportion.
8. 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.
9. Upon adoption of a rule as provided in this section, any such ruleor portion thereof may be suspended or revoked by the general assemblyeither by bill or, pursuant to section 8, article IV of the Constitution ofMissouri, by concurrent resolution upon recommendation of the jointcommittee on administrative rules. The committee shall be authorized tohold hearings and make recommendations pursuant to the provisions ofsection 536.037, RSMo. The secretary of state shall publish in theMissouri Register, as soon as practicable, notice of the suspension orrevocation.
