Title XXXVI, STATUTORY ACTIONS AND TORTS

536.010. Definitions. — For the purpose of this chapter: (1) "Affected small business" or "affects small business" means any potential or actual requirement imposed upon a small business or minority small business through a state agency's proposed or adopted rule that will cause …

536.014. Rules invalid, when. — No department, agency, commission or board rule shall be valid in the event that: (1) There is an absence of statutory authority for the rule or any portion thereof; or (2) The rule is in conflict with state law; or (3) The rule is so arbitrary and…

536.015. Missouri Register published at least monthly. — There is established a publication to be known as the "Missouri Register", which shall be published in a format and medium as prescribed by the secretary of state no less frequently than monthly by the secretary of state. ­…

536.016. Requirements for rulemaking — proposed rules to be made available on agency website. — 1. Any state agency shall propose rules based upon substantial evidence on the record and a finding by the agency that the rule is necessary to carry out the purposes of the statute th…

536.017. Taking of private property defined — proposed rules require takings analysis, when, purpose, procedure — rule invalid, when — exceptions. — For purposes of this section, "taking of private property" shall mean an activity wherein private property is taken such that compe…

536.018. "Agency" and "state agency" not to include institutions of higher education if sufficient safeguards for contested cases provided by institutions. — The term "agency" and the term "state agency" as defined by section 536.010 shall not include an institution of higher edu…

536.021. Rules, procedure for making, amending or rescinding — notice of — rules effective when, exception — effective date to be printed in code of state regulations — failure of agencies to promulgate a required rule — effect — exception — letter ruling authorized for departmen…

536.022. Suspension or termination of rules — procedure. — 1. If any rule or portion of a rule of a state agency is suspended or terminated by action of the governor, a court or other authority, the state agency shall immediately file a notice of such action with the secretary of…

536.023. Procedures for numbering, indexing and publishing to be prescribed by secretary of state. — 1. The secretary of state shall prescribe in a format and medium as prescribed by the secretary of state and in writing upon request uniform procedures for the numbering, indexing…

536.024. Validity of rules promulgated by state agency dependent on compliance with procedural requirements — powers and duties of joint committee. — 1. When the general assembly authorizes any state agency to adopt administrative rules or regulations, the granting of such rulema…

536.025. Emergency rule powers — procedure — definitions. — 1. A rule may be made, amended or rescinded by a state agency without following the provisions of section 536.021, only if the state agency: (1) Finds that an immediate danger to the public health, safety or welfare requ…

536.026. Comments on proposed rules — committees for comment. — 1. In addition to seeking information by other methods, an agency may solicit comments from the public on the subject matter of a rule that the agency is considering proposing. The agency may file a notice of the rul…

536.027. Written comments to be retained as public record for three years. — Any written comment filed pursuant to section 536.021 in support of or opposition to a notice of proposed rulemaking and any written record of a public hearing in connection with a notice of proposed rul…

536.031. Code to be published — to be revised monthly — incorporation by reference authorized. — 1. There is established a publication to be known as the "Code of State Regulations", which shall be published in a format and medium as prescribed by the secretary of state from time…

536.032. Code of state regulations, secretary of state authorized to make nonsubstantive changes, when. — Upon the filing of a request by a state agency with the joint committee on administrative rules and the secretary of state concurrently, and after publication in the Missouri…

536.033. Sale of register and code of state regulations, cost, how established — correction of clerical errors authorized. — 1. Copies or subscription of the register or code shall be made available to the public by the secretary of state upon request for a reasonable charge to b…

536.035. Rules and orders to be permanent public record — executive orders to be published in the Missouri Register. — 1. All rules or executive orders filed with the secretary of state pursuant to sections 536.015 to 536.043 shall be retained permanently and shall be open to pub…

536.037. Committee on administrative rules, members, meetings, duties — reports — expenses. — 1. There is established a permanent joint committee of the general assembly to be known as the "Committee on Administrative Rules", which shall be composed of five members of the senate …

536.041. Any person may petition agency concerning rules, agency must furnish copy to committee on administrative rules and commissioner of administration together with its action — agency recommendations, procedure. — Any person may file a written petition with an agency request…

536.043. Director of social services not required to but may promulgate rules. — Notwithstanding the provisions of section 189.060, the director of social services shall not be required to promulgate rules provided for in said section, although he may elect to do so as therein pr…

536.046. Public rulemaking docket, contents, publication. — Each agency may maintain a public rulemaking docket. The rulemaking docket may contain a listing of the precise subject matter of each rule that the agency is considering proposing. The docket may also contain the name a…

536.050. Declaratory judgments respecting the validity of rules — fees and expenses — standing, intervention by general assembly. — 1. The power of the courts of this state to render declaratory judgments shall extend to declaratory judgments respecting the validity of rules, or …

536.053. Standing to challenge rule. — Any person who is or may be aggrieved by any rule promulgated by a state agency shall have standing to challenge any rule promulgated by a state agency and may bring such an action pursuant to the provisions of section 536.050. Such person s…

536.055. Correspondence from state agencies, information required — must be printed or typed. — All correspondence sent from any state agency shall contain the name, address and phone number of the person or agency responsible for sending the correspondence. The name, address and…

536.060. Informal disposition of case by stipulation — summary action — waiver. — Contested cases and other matters involving licensees and licensing agencies described in section 621.045 may be informally resolved by consent agreement or agreed settlement or may be resolved by s…

536.063. Contested case, how instituted — pleadings — copies sent parties. — In any contested case: (1) The contested case shall be commenced by the filing of a writing by which the party or agency instituting the proceeding seeks such action as by law can be taken by the agency …

536.067. Notice in contested case — mailing — contents — notice of hearing — time for. — In any contested case: (1) The agency shall promptly mail a notice of institution of the case to all necessary parties, if any, and to all persons designated by the moving party and to any ot…

536.068. Responsive pleadings to petitioner's complaint or petition to be filed, when — extension — content — bench ruling or memorandum decision on request, when. — 1. In any proceeding before the administrative hearing commission, any responsive pleading to the petitioner's com…

536.070. Evidence — witnesses — objections — judicial notice — affidavits as evidence — transcript. — In any contested case: (1) Oral evidence shall be taken only on oath or affirmation; (2) Each party shall have the right to call and examine witnesses, to introduce exhibits, to …

536.073. Depositions, use of — how taken — discovery, when available — enforcement — administrative hearing commission to make rules for depositions by stipulation — rules subject to suspension by joint committee on administrative rules. — 1. In any contested case before an agenc…

536.075. Discovery rule violations, sanctions. — In any proceeding before the administrative hearing commission, where a party to the proceeding moves for sanctions for an alleged violation of any discovery rule, the moving party shall in the motion certify that reasonable effort…

536.077. Subpoenas, issuance — form — how served — how enforced. — In any contested case before an agency created by the constitution or state statute, such agency shall upon request of any party issue subpoenas and shall in a proper case issue subpoenas duces tecum. Subpoenas ot…

536.080. Parties may file briefs — officials to hear or read evidence. — 1. In contested cases each party shall be entitled to present oral arguments or written briefs at or after the hearing which shall be heard or read by each official of the agency who renders or joins in rend…

536.083. Hearing officer not to conduct rehearing or appeal involving same issues and parties. — Notwithstanding any other provision of law to the contrary, in any administrative hearing conducted under the procedures established in this chapter, and in any other administrative h…

536.085. Definitions. — As used in section 536.087, the following terms mean: (1) "Agency proceeding", an adversary proceeding in a contested case pursuant to this chapter in which the state is represented by counsel, but does not include proceedings for determining the eligibili…

536.087. Reasonable fees and expenses awarded prevailing party in civil action or agency proceeding — application, content, filed with court or agency where party appeared — appeal by state, effect — power of court or agency to reduce requested amount or deny, when — form of awar…

536.090. Decisions in writing — notice. — Every decision and order in a contested case shall be in writing, and, except in default cases or cases disposed of by stipulation, consent order or agreed settlement, the decision, including orders refusing licenses, shall include or be …

536.095. Contempt — procedure for punishment. — In any hearing in a contested case before an agency created by the constitution or state statute if any person acts or refuses to act in such manner that a contempt of court would have been committed if the case were a civil action …

536.100. Party aggrieved entitled to judicial review — waiver of independent review, when. — Any person who has exhausted all administrative remedies provided by law and who is aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in …

536.110. Petition, when filed — process — venue. — 1. Proceedings for review may be instituted by filing a petition in the circuit court of the county of proper venue within thirty days after the mailing or delivery of the notice of the agency's final decision. 2. Such petition m…

536.120. Suspension of decisions or orders. — Pending the filing and final disposition of proceedings for review under sections 536.100 to 536.140, the agency may stay the enforcement of its order and may temporarily grant or extend relief denied or withheld. Any court in which s…

536.130. Record on judicial review. — 1. Within thirty days after the filing of the petition or within such further time as the court may allow, the record before the agency shall be filed in the reviewing court. Such record shall consist of any one of the following: (1) Such par…

536.140. Scope of judicial review — judgment — appeals. — 1. The court shall hear the case without a jury and, except as otherwise provided in subsection 4 of this section, shall hear it upon the petition and record filed as aforesaid. 2. The inquiry may extend to a determination…

536.150. Review by injunction or original writ, when — scope. — 1. When any administrative officer or body existing under the constitution or by statute or by municipal charter or ordinance shall have rendered a decision which is not subject to administrative review, determining …

536.160. Refund of funds paid into court, when. — In the event a reviewing court reverses a decision of a state agency, remands the matter to the agency for further proceedings and orders the payment into court of any increase in funds authorized by said decision, and thereafter,…

536.175. Periodic review required by state agencies, schedule, procedure. — 1. Each state agency shall periodically review all of its rules according to the following review schedule: (1) Rules contained in titles 1 through 6 of the code of state regulations shall begin the revie…

536.200. Fiscal note for proposed rules or emergency rules affecting public funds, required when, where filed, contents — failure to file, procedure — publication — effect of failure to publish — first year evaluation, publication — challenges to rule for failure to meet requirem…

536.205. Fiscal notes for proposed rules or emergency rules affecting private persons or entities, required, when, where filed, contents — publication — effect of failure to publish — challenges to rule for failure to comply, time limitation. — 1. Any state agency filing a notice…

536.210. Fiscal note forms. — The secretary of state shall establish a form which each state agency shall use in compiling the fiscal note and affidavit required by sections 536.200, 536.205 and 536.215, and failure of the agency to use said forms shall result in rejection by the…

536.215. Revised fiscal notes required, when — rejection, when. — If before the effective date, such rule, amendment or rescission is altered to the extent that the cost or reduction in income is changed by more than ten percent, then a new fiscal note and affidavit shall be file…