Contingent delegation of rulemaking power--effective date ofrules--notice to be filed with joint committee--committee'spowers--disapproval or annulment of rules, grounds, procedure,effect--publishing of rules, when--nonseverable--contingenteffective date.
536.028. 1. Notwithstanding provisions of this chapter to thecontrary, the delegation of authority to any state agency to propose to thegeneral assembly rules as provided under this section is contingent uponthe agency complying with the provisions of this chapter and thisdelegation of legislative power to the agency to propose a final order ofrulemaking containing a rule or portion thereof that has the effect ofsubstantive law, other than a rule relating to the agency's organizationand internal management, is contingent and dependent upon the power of thegeneral assembly to review such proposed order of rulemaking, to delay theeffective date of such proposed order of rulemaking until the expiration ofat least thirty legislative days of a regular session after such order isfiled with the general assembly and the secretary of state, and todisapprove and annul any rule or portion thereof contained in such order ofrulemaking.
2. No rule or portion of a rule that has the effect of substantivelaw shall become effective until the final order of rulemaking has beenreviewed by the general assembly in accordance with the procedures providedpursuant to this chapter. Any agency's authority to propose an order ofrulemaking is dependent upon the power of the general assembly todisapprove and annul any such proposed rule or portion thereof.
3. In order for the general assembly to have an effective opportunityto be advised of rules proposed by any state agency, an agency shallpropose a rule or order of rulemaking by complying with the proceduresprovided in this chapter, except that the notice of proposed rulemakingshall first be filed with the general assembly by providing a copy thereofto the joint committee on administrative rules, which may hold hearingsupon any proposed rule, order of rulemaking or portion thereof at any time.The agency shall cooperate with the joint committee on administrative rulesby providing any witnesses, documents or information within the control ofthe agency as may be requested.
4. Such proposed order of rulemaking shall not become effective priorto the expiration of thirty legislative days of a regular session aftersuch order is filed with the secretary of state and the joint committee onadministrative rules.
5. The committee may, by majority vote of its members, recommend thatthe general assembly disapprove and annul any rule or portion thereofcontained in an order of rulemaking after hearings thereon and upon afinding that such rule or portion thereof should be disapproved andannulled. Grounds upon which the committee may recommend such actioninclude, but are not limited to:
(1) Such rule is substantive in nature in that it creates rights orliabilities or provides for sanctions as to any person, corporation orother legal entity; and
(2) Such rule or portion thereof is not in the public interest or isnot authorized by the general assembly for one or more of the followinggrounds:
(a) An absence of statutory authority for the proposed rule;
(b) The proposed rule is in conflict with state law;
(c) Such proposed rule is likely to substantially endanger the publichealth, safety or welfare;
(d) The rule exceeds the purpose, or is more restrictive than isnecessary to carry out the purpose, of the statute granting rulemakingauthority;
(e) A substantial change in circumstance has occurred since enactmentof the law upon which the proposed rule is based as to result in a conflictbetween the purpose of the law and the proposed rule, or as to create asubstantial danger to public health and welfare; or
(f) The proposed rule is so arbitrary and capricious as to createsuch substantial inequity as to be unreasonably burdensome on personsaffected.
6. Any recommendation or report issued by the committee pursuant tosubsection 5 of this section shall be admissible as evidence in anyjudicial proceeding and entitled to judicial notice without further proof.
7. The general assembly may adopt a concurrent resolution inaccordance with the provisions of article IV, section 8 of the MissouriConstitution to disapprove and annul any rule or portion thereof.
8. Any rule or portion thereof not disapproved within thirtylegislative days of a regular session pursuant to subsection 7 of thissection shall be deemed approved by the general assembly and the secretaryof state may publish such final order of rulemaking as soon as practicableupon the expiration of thirty legislative days of a regular session afterthe final order of rulemaking was filed with the secretary of state and thejoint committee on administrative rules.
9. Upon adoption of such concurrent resolution as provided insubsection 7 of this section, the secretary of state shall not publish theorder of rulemaking until the expiration of time necessary for suchresolution to be signed by the governor, or vetoed and subsequently actedupon by the general assembly pursuant to article III, section 32 of theMissouri Constitution. If such concurrent resolution is adopted and signedby the governor or otherwise reconsidered pursuant to article III, section32, the secretary of state shall publish in the Missouri Register, as soonas practicable, the order of rulemaking along with notice of the proposedrules or portions thereof which are disapproved and annulled by the generalassembly.
10. Notwithstanding the provisions of section 1.140, RSMo, theprovisions of this section, section 536.021 and section 536.025 arenonseverable and the delegation of legislative authority to an agency topropose orders of rulemaking is essentially dependent upon the powersvested with the general assembly as provided herein. If any of the powersvested with the general assembly or the joint committee on administrativerules to review, to hold in abeyance the rule pending action by the generalassembly, to delay the effective date or to disapprove and annul a rule orportion of a rule contained in an order of rulemaking, are heldunconstitutional or invalid, the purported grant of rulemaking authorityand any rule so proposed and contained in the order of rulemaking shall berevoked and shall be null, void and unenforceable.
11. Nothing in this section shall prevent the general assembly fromadopting by concurrent resolution or bill within thirty legislative days ofa regular session the rules or portions thereof, or as the same may beamended or annulled, as contained in a proposed order of rulemaking. Inthat event, the proposed order of rulemaking shall have been superseded andthe order and any rule proposed therein shall be null, void andunenforceable. The secretary of state shall not publish a proposed orderof rulemaking acted upon as described herein.
12. Upon adoption of any rule now or hereafter in effect, such ruleor portion thereof may be revoked by the general assembly either by bill orby concurrent resolution pursuant to article IV, section 8 of theconstitution on recommendation of the joint committee on administrativerules. The secretary of state shall publish in the Missouri Register, assoon as practicable, notice of the revocation.
13. This section shall become effective only upon the expiration oftwenty calendar days following the:
(1) Failure of the executive to sign executive order number 97-97; or
(2) Modification, amendment or rescission of executive order number97-97; or
(3) An agency's failure to hold the rule in abeyance as required byexecutive order number 97-97; or
(4) Declaration by a court with jurisdiction that section 536.024 orany portion of executive order number 97-97 is unconstitutional or invalidfor any reason.
Notwithstanding the provisions of this subsection to the contrary, nomodification, amendment or rescission of executive order number 97-97 orfailure to hold a rule in abeyance shall make this section effective if themodification, amendment or rescission of the executive order or failure tohold the rule in abeyance is approved by the general assembly by concurrentresolution.
Contingent delegation of rulemaking power--effective date ofrules--notice to be filed with joint committee--committee'spowers--disapproval or annulment of rules, grounds, procedure,effect--publishing of rules, when--nonseverable--contingenteffective date.
536.028. 1. Notwithstanding provisions of this chapter to thecontrary, the delegation of authority to any state agency to propose to thegeneral assembly rules as provided under this section is contingent uponthe agency complying with the provisions of this chapter and thisdelegation of legislative power to the agency to propose a final order ofrulemaking containing a rule or portion thereof that has the effect ofsubstantive law, other than a rule relating to the agency's organizationand internal management, is contingent and dependent upon the power of thegeneral assembly to review such proposed order of rulemaking, to delay theeffective date of such proposed order of rulemaking until the expiration ofat least thirty legislative days of a regular session after such order isfiled with the general assembly and the secretary of state, and todisapprove and annul any rule or portion thereof contained in such order ofrulemaking.
2. No rule or portion of a rule that has the effect of substantivelaw shall become effective until the final order of rulemaking has beenreviewed by the general assembly in accordance with the procedures providedpursuant to this chapter. Any agency's authority to propose an order ofrulemaking is dependent upon the power of the general assembly todisapprove and annul any such proposed rule or portion thereof.
3. In order for the general assembly to have an effective opportunityto be advised of rules proposed by any state agency, an agency shallpropose a rule or order of rulemaking by complying with the proceduresprovided in this chapter, except that the notice of proposed rulemakingshall first be filed with the general assembly by providing a copy thereofto the joint committee on administrative rules, which may hold hearingsupon any proposed rule, order of rulemaking or portion thereof at any time.The agency shall cooperate with the joint committee on administrative rulesby providing any witnesses, documents or information within the control ofthe agency as may be requested.
4. Such proposed order of rulemaking shall not become effective priorto the expiration of thirty legislative days of a regular session aftersuch order is filed with the secretary of state and the joint committee onadministrative rules.
5. The committee may, by majority vote of its members, recommend thatthe general assembly disapprove and annul any rule or portion thereofcontained in an order of rulemaking after hearings thereon and upon afinding that such rule or portion thereof should be disapproved andannulled. Grounds upon which the committee may recommend such actioninclude, but are not limited to:
(1) Such rule is substantive in nature in that it creates rights orliabilities or provides for sanctions as to any person, corporation orother legal entity; and
(2) Such rule or portion thereof is not in the public interest or isnot authorized by the general assembly for one or more of the followinggrounds:
(a) An absence of statutory authority for the proposed rule;
(b) The proposed rule is in conflict with state law;
(c) Such proposed rule is likely to substantially endanger the publichealth, safety or welfare;
(d) The rule exceeds the purpose, or is more restrictive than isnecessary to carry out the purpose, of the statute granting rulemakingauthority;
(e) A substantial change in circumstance has occurred since enactmentof the law upon which the proposed rule is based as to result in a conflictbetween the purpose of the law and the proposed rule, or as to create asubstantial danger to public health and welfare; or
(f) The proposed rule is so arbitrary and capricious as to createsuch substantial inequity as to be unreasonably burdensome on personsaffected.
6. Any recommendation or report issued by the committee pursuant tosubsection 5 of this section shall be admissible as evidence in anyjudicial proceeding and entitled to judicial notice without further proof.
7. The general assembly may adopt a concurrent resolution inaccordance with the provisions of article IV, section 8 of the MissouriConstitution to disapprove and annul any rule or portion thereof.
8. Any rule or portion thereof not disapproved within thirtylegislative days of a regular session pursuant to subsection 7 of thissection shall be deemed approved by the general assembly and the secretaryof state may publish such final order of rulemaking as soon as practicableupon the expiration of thirty legislative days of a regular session afterthe final order of rulemaking was filed with the secretary of state and thejoint committee on administrative rules.
9. Upon adoption of such concurrent resolution as provided insubsection 7 of this section, the secretary of state shall not publish theorder of rulemaking until the expiration of time necessary for suchresolution to be signed by the governor, or vetoed and subsequently actedupon by the general assembly pursuant to article III, section 32 of theMissouri Constitution. If such concurrent resolution is adopted and signedby the governor or otherwise reconsidered pursuant to article III, section32, the secretary of state shall publish in the Missouri Register, as soonas practicable, the order of rulemaking along with notice of the proposedrules or portions thereof which are disapproved and annulled by the generalassembly.
10. Notwithstanding the provisions of section 1.140, RSMo, theprovisions of this section, section 536.021 and section 536.025 arenonseverable and the delegation of legislative authority to an agency topropose orders of rulemaking is essentially dependent upon the powersvested with the general assembly as provided herein. If any of the powersvested with the general assembly or the joint committee on administrativerules to review, to hold in abeyance the rule pending action by the generalassembly, to delay the effective date or to disapprove and annul a rule orportion of a rule contained in an order of rulemaking, are heldunconstitutional or invalid, the purported grant of rulemaking authorityand any rule so proposed and contained in the order of rulemaking shall berevoked and shall be null, void and unenforceable.
11. Nothing in this section shall prevent the general assembly fromadopting by concurrent resolution or bill within thirty legislative days ofa regular session the rules or portions thereof, or as the same may beamended or annulled, as contained in a proposed order of rulemaking. Inthat event, the proposed order of rulemaking shall have been superseded andthe order and any rule proposed therein shall be null, void andunenforceable. The secretary of state shall not publish a proposed orderof rulemaking acted upon as described herein.
12. Upon adoption of any rule now or hereafter in effect, such ruleor portion thereof may be revoked by the general assembly either by bill orby concurrent resolution pursuant to article IV, section 8 of theconstitution on recommendation of the joint committee on administrativerules. The secretary of state shall publish in the Missouri Register, assoon as practicable, notice of the revocation.
13. This section shall become effective only upon the expiration oftwenty calendar days following the:
(1) Failure of the executive to sign executive order number 97-97; or
(2) Modification, amendment or rescission of executive order number97-97; or
(3) An agency's failure to hold the rule in abeyance as required byexecutive order number 97-97; or
(4) Declaration by a court with jurisdiction that section 536.024 orany portion of executive order number 97-97 is unconstitutional or invalidfor any reason.
Notwithstanding the provisions of this subsection to the contrary, nomodification, amendment or rescission of executive order number 97-97 orfailure to hold a rule in abeyance shall make this section effective if themodification, amendment or rescission of the executive order or failure tohold the rule in abeyance is approved by the general assembly by concurrentresolution.
Contingent delegation of rulemaking power--effective date ofrules--notice to be filed with joint committee--committee'spowers--disapproval or annulment of rules, grounds, procedure,effect--publishing of rules, when--nonseverable--contingenteffective date.
536.028. 1. Notwithstanding provisions of this chapter to thecontrary, the delegation of authority to any state agency to propose to thegeneral assembly rules as provided under this section is contingent uponthe agency complying with the provisions of this chapter and thisdelegation of legislative power to the agency to propose a final order ofrulemaking containing a rule or portion thereof that has the effect ofsubstantive law, other than a rule relating to the agency's organizationand internal management, is contingent and dependent upon the power of thegeneral assembly to review such proposed order of rulemaking, to delay theeffective date of such proposed order of rulemaking until the expiration ofat least thirty legislative days of a regular session after such order isfiled with the general assembly and the secretary of state, and todisapprove and annul any rule or portion thereof contained in such order ofrulemaking.
2. No rule or portion of a rule that has the effect of substantivelaw shall become effective until the final order of rulemaking has beenreviewed by the general assembly in accordance with the procedures providedpursuant to this chapter. Any agency's authority to propose an order ofrulemaking is dependent upon the power of the general assembly todisapprove and annul any such proposed rule or portion thereof.
3. In order for the general assembly to have an effective opportunityto be advised of rules proposed by any state agency, an agency shallpropose a rule or order of rulemaking by complying with the proceduresprovided in this chapter, except that the notice of proposed rulemakingshall first be filed with the general assembly by providing a copy thereofto the joint committee on administrative rules, which may hold hearingsupon any proposed rule, order of rulemaking or portion thereof at any time.The agency shall cooperate with the joint committee on administrative rulesby providing any witnesses, documents or information within the control ofthe agency as may be requested.
4. Such proposed order of rulemaking shall not become effective priorto the expiration of thirty legislative days of a regular session aftersuch order is filed with the secretary of state and the joint committee onadministrative rules.
5. The committee may, by majority vote of its members, recommend thatthe general assembly disapprove and annul any rule or portion thereofcontained in an order of rulemaking after hearings thereon and upon afinding that such rule or portion thereof should be disapproved andannulled. Grounds upon which the committee may recommend such actioninclude, but are not limited to:
(1) Such rule is substantive in nature in that it creates rights orliabilities or provides for sanctions as to any person, corporation orother legal entity; and
(2) Such rule or portion thereof is not in the public interest or isnot authorized by the general assembly for one or more of the followinggrounds:
(a) An absence of statutory authority for the proposed rule;
(b) The proposed rule is in conflict with state law;
(c) Such proposed rule is likely to substantially endanger the publichealth, safety or welfare;
(d) The rule exceeds the purpose, or is more restrictive than isnecessary to carry out the purpose, of the statute granting rulemakingauthority;
(e) A substantial change in circumstance has occurred since enactmentof the law upon which the proposed rule is based as to result in a conflictbetween the purpose of the law and the proposed rule, or as to create asubstantial danger to public health and welfare; or
(f) The proposed rule is so arbitrary and capricious as to createsuch substantial inequity as to be unreasonably burdensome on personsaffected.
6. Any recommendation or report issued by the committee pursuant tosubsection 5 of this section shall be admissible as evidence in anyjudicial proceeding and entitled to judicial notice without further proof.
7. The general assembly may adopt a concurrent resolution inaccordance with the provisions of article IV, section 8 of the MissouriConstitution to disapprove and annul any rule or portion thereof.
8. Any rule or portion thereof not disapproved within thirtylegislative days of a regular session pursuant to subsection 7 of thissection shall be deemed approved by the general assembly and the secretaryof state may publish such final order of rulemaking as soon as practicableupon the expiration of thirty legislative days of a regular session afterthe final order of rulemaking was filed with the secretary of state and thejoint committee on administrative rules.
9. Upon adoption of such concurrent resolution as provided insubsection 7 of this section, the secretary of state shall not publish theorder of rulemaking until the expiration of time necessary for suchresolution to be signed by the governor, or vetoed and subsequently actedupon by the general assembly pursuant to article III, section 32 of theMissouri Constitution. If such concurrent resolution is adopted and signedby the governor or otherwise reconsidered pursuant to article III, section32, the secretary of state shall publish in the Missouri Register, as soonas practicable, the order of rulemaking along with notice of the proposedrules or portions thereof which are disapproved and annulled by the generalassembly.
10. Notwithstanding the provisions of section 1.140, RSMo, theprovisions of this section, section 536.021 and section 536.025 arenonseverable and the delegation of legislative authority to an agency topropose orders of rulemaking is essentially dependent upon the powersvested with the general assembly as provided herein. If any of the powersvested with the general assembly or the joint committee on administrativerules to review, to hold in abeyance the rule pending action by the generalassembly, to delay the effective date or to disapprove and annul a rule orportion of a rule contained in an order of rulemaking, are heldunconstitutional or invalid, the purported grant of rulemaking authorityand any rule so proposed and contained in the order of rulemaking shall berevoked and shall be null, void and unenforceable.
11. Nothing in this section shall prevent the general assembly fromadopting by concurrent resolution or bill within thirty legislative days ofa regular session the rules or portions thereof, or as the same may beamended or annulled, as contained in a proposed order of rulemaking. Inthat event, the proposed order of rulemaking shall have been superseded andthe order and any rule proposed therein shall be null, void andunenforceable. The secretary of state shall not publish a proposed orderof rulemaking acted upon as described herein.
12. Upon adoption of any rule now or hereafter in effect, such ruleor portion thereof may be revoked by the general assembly either by bill orby concurrent resolution pursuant to article IV, section 8 of theconstitution on recommendation of the joint committee on administrativerules. The secretary of state shall publish in the Missouri Register, assoon as practicable, notice of the revocation.
13. This section shall become effective only upon the expiration oftwenty calendar days following the:
(1) Failure of the executive to sign executive order number 97-97; or
(2) Modification, amendment or rescission of executive order number97-97; or
(3) An agency's failure to hold the rule in abeyance as required byexecutive order number 97-97; or
(4) Declaration by a court with jurisdiction that section 536.024 orany portion of executive order number 97-97 is unconstitutional or invalidfor any reason.
Notwithstanding the provisions of this subsection to the contrary, nomodification, amendment or rescission of executive order number 97-97 orfailure to hold a rule in abeyance shall make this section effective if themodification, amendment or rescission of the executive order or failure tohold the rule in abeyance is approved by the general assembly by concurrentresolution.
