Rules, procedure to adopt--suspension or revocation of rules,procedure.
407.970. 1. No rule or portion of a rule promulgated under theauthority of sections 407.950 to 407.970 shall become effective until it hasbeen approved by the joint committee on administrative rules in accordancewith the procedures provided in sections 407.950 to 407.970, and thedelegation of the legislative authority to enact law by the adoption of suchrules is dependent upon the power of the joint committee on administrativerules to review and suspend rules pending ratification by the senate and thehouse of representatives as provided in sections 407.950 to 407.970.
2. Upon filing any proposed rule with the secretary of state theattorney general shall concurrently submit such proposed rule to the committeewhich may hold hearings upon any proposed rule or portion thereof at any time.
3. A final order of rulemaking shall not be filed with the secretary ofstate until thirty days after such final order of rulemaking has been receivedby the committee. The committee may hold one or more hearings upon such finalorder of rulemaking during the thirty-day period. If the committee does notdisapprove such order of rulemaking within the thirty-day period, the attorneygeneral may file such order of rulemaking with the secretary of state and theorder of rulemaking shall be deemed approved.
4. The committee may, by majority vote of the members, suspend the orderof rulemaking or portion thereof by action taken prior to the filing of thefinal order of rulemaking only for one or more of the following grounds:
(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 law uponwhich the proposed rule is based.
5. If the committee disapproves any rule or portion thereof, theattorney general 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.
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 in sections 407.950 to 407.970,any such rule or portion thereof may be suspended or revoked by the generalassembly either by bill or, pursuant to section 8, article IV of theConstitution of Missouri, by concurrent resolution upon recommendation of thejoint committee on administrative rules. The committee shall be authorized tohold hearings and make recommendations pursuant to the provisions of section536.037, RSMo. The secretary of state shall publish in the Missouri Register,as soon as practicable, notice of the suspension or revocation.
Rules, procedure to adopt--suspension or revocation of rules,procedure.
407.970. 1. No rule or portion of a rule promulgated under theauthority of sections 407.950 to 407.970 shall become effective until it hasbeen approved by the joint committee on administrative rules in accordancewith the procedures provided in sections 407.950 to 407.970, and thedelegation of the legislative authority to enact law by the adoption of suchrules is dependent upon the power of the joint committee on administrativerules to review and suspend rules pending ratification by the senate and thehouse of representatives as provided in sections 407.950 to 407.970.
2. Upon filing any proposed rule with the secretary of state theattorney general shall concurrently submit such proposed rule to the committeewhich may hold hearings upon any proposed rule or portion thereof at any time.
3. A final order of rulemaking shall not be filed with the secretary ofstate until thirty days after such final order of rulemaking has been receivedby the committee. The committee may hold one or more hearings upon such finalorder of rulemaking during the thirty-day period. If the committee does notdisapprove such order of rulemaking within the thirty-day period, the attorneygeneral may file such order of rulemaking with the secretary of state and theorder of rulemaking shall be deemed approved.
4. The committee may, by majority vote of the members, suspend the orderof rulemaking or portion thereof by action taken prior to the filing of thefinal order of rulemaking only for one or more of the following grounds:
(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 law uponwhich the proposed rule is based.
5. If the committee disapproves any rule or portion thereof, theattorney general 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.
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 in sections 407.950 to 407.970,any such rule or portion thereof may be suspended or revoked by the generalassembly either by bill or, pursuant to section 8, article IV of theConstitution of Missouri, by concurrent resolution upon recommendation of thejoint committee on administrative rules. The committee shall be authorized tohold hearings and make recommendations pursuant to the provisions of section536.037, RSMo. The secretary of state shall publish in the Missouri Register,as soon as practicable, notice of the suspension or revocation.
Rules, procedure to adopt--suspension or revocation of rules,procedure.
407.970. 1. No rule or portion of a rule promulgated under theauthority of sections 407.950 to 407.970 shall become effective until it hasbeen approved by the joint committee on administrative rules in accordancewith the procedures provided in sections 407.950 to 407.970, and thedelegation of the legislative authority to enact law by the adoption of suchrules is dependent upon the power of the joint committee on administrativerules to review and suspend rules pending ratification by the senate and thehouse of representatives as provided in sections 407.950 to 407.970.
2. Upon filing any proposed rule with the secretary of state theattorney general shall concurrently submit such proposed rule to the committeewhich may hold hearings upon any proposed rule or portion thereof at any time.
3. A final order of rulemaking shall not be filed with the secretary ofstate until thirty days after such final order of rulemaking has been receivedby the committee. The committee may hold one or more hearings upon such finalorder of rulemaking during the thirty-day period. If the committee does notdisapprove such order of rulemaking within the thirty-day period, the attorneygeneral may file such order of rulemaking with the secretary of state and theorder of rulemaking shall be deemed approved.
4. The committee may, by majority vote of the members, suspend the orderof rulemaking or portion thereof by action taken prior to the filing of thefinal order of rulemaking only for one or more of the following grounds:
(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 law uponwhich the proposed rule is based.
5. If the committee disapproves any rule or portion thereof, theattorney general 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.
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 in sections 407.950 to 407.970,any such rule or portion thereof may be suspended or revoked by the generalassembly either by bill or, pursuant to section 8, article IV of theConstitution of Missouri, by concurrent resolution upon recommendation of thejoint committee on administrative rules. The committee shall be authorized tohold hearings and make recommendations pursuant to the provisions of section536.037, RSMo. The secretary of state shall publish in the Missouri Register,as soon as practicable, notice of the suspension or revocation.
