Administrative Procedures Act – Missouri

In Missouri, Administrative Procedure and Review is found in Title 36, Chapter 536 of Missouri Statutes.  § 536.016 R.S.Mo. provides that, any state agency may 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 that granted such rulemaking authority.

According to § 536.021 R.S.Mo., before a rule is proposed, adopted, amended or rescinded by any state agency, a notice of proposed rulemaking and a subsequent final order of rulemaking should be filed with the secretary of state.  The notice of proposed rulemaking and subsequent final order of rulemaking should be published in the Missouri Register by the secretary of state as soon as practicable.  Similarly, any state agency issuing a notice of proposed rulemaking may order a hearing.

Within ninety days after the expiration of the time for filing statements in support of or in opposition to the proposed rulemaking, the state agency proposing the rule should file with the secretary of state a final order of rulemaking, and should be published in the Missouri Register.  Further, as per § 536.026 R.S.Mo., an agency may solicit comments from the public on the subject matter of a proposed rule.

As per § 536.024 R.S.Mo., upon filing any proposed rule with the secretary of state, the filing agency should concurrently submit such proposed rule to the joint committee on administrative rules.  Also, a final order of rulemaking should not be filed with the secretary of state until thirty days after such final order of rulemaking has been received by the committee.

The committee may hold one or more hearings upon such final order of rulemaking during the thirty-day period.  Further, the committee may file with the secretary of state any comments or recommendations concerning a proposed or final order of rulemaking.  Such comments should be published in the Missouri Register.  Additionally, the committee may refer comments or recommendations concerning such rule to the appropriations and budget committees of the house of representatives and the appropriations committee of the senate for further action.

§ 536.028 R.S.Mo. provides that a rule becomes effective only when the final order of rulemaking has been reviewed by the General Assembly.  As per § 536.025 R.S.Mo., if an agency finds that an immediate danger to the public health, safety, or welfare requires adoption of an emergency rule, it may proceed, to adopt an emergency rule.

As per § 536.041 R.S.Mo., any person may petition an agency requesting the adoption, amendment or repeal of any rule.  Any agency receiving a petition or other request in writing to adopt, amend or repeal any rule should furnish a copy thereof to the joint committee on administrative rules and to the commissioner of administration.

§ 536.050 R.S.Mo. requires an agency to issue a declaratory ruling with respect to the validity of the rule or with respect to the applicability to any person, on a petition of any person who has exhausted any administrative remedy.

According to § 536.063 R.S.Mo., a contested case should be commenced by filing a writing which seeks such action as by law can be taken by the agency only after opportunity for hearing.  In a contested case reasonable opportunity should be given for the preparation and presentation of evidence.  § 536.070 R.S.Mo provides that in a contested case, each party has the right to:

  • call and examine witnesses,
  • introduce exhibits,
  • cross-examine opposing witnesses,
  • impeach any witness, and
  • rebut the evidence against him.

As per § 536.090 R.S.Mo., every decision and order in a contested case should be in writing, and should include or be accompanied by findings of fact and conclusions of law.  The findings of fact should be stated separately from the conclusions of law and should include a concise statement of the findings on which the agency bases its order.

According to § 536.100 R.S.Mo., any person who has exhausted all administrative remedies provided by law and who is aggrieved by a final decision in a contested case is entitled to judicial review.

As per § 536.110 R.S.Mo., proceedings for review may be instituted by filing a petition in the circuit court within thirty days after the mailing or delivery of the notice of the agency’s final decision.  Proceedings for review may be initiated in the circuit court of Cole County or in the county of the plaintiff or of one of the plaintiff’s residence or if any plaintiff is a corporation, domestic or foreign, having a registered office or business office in the state of Missouri, in the county of such registered office or business office.


Inside Administrative Procedures Act – Missouri