SS/SCS/SBs 386 & 372 - This act amends current rulemaking provisions contained in Chapter 536, RSMo, and agencies promulgating rules shall comply with the provisions of new Section 536.028, RSMo.

SECTION 536.028 - An agency shall file a proposed rule with the General Assembly and Secretary of State. The President Pro Tem of the Senate shall forward a copy of the proposed rule to the Joint Committee on Administrative Rules (Committee). The Committee may hold hearings on such proposed rule and recommend that the General Assembly disapprove and annul such rule if: 1) the rule is substantive in nature; and 2) the rule is not authorized for one or more of the following reasons: a) no statutory authority; b) the rule conflicts with state law; c) the rule is a substantial risk to public health or safety; d) the rule goes beyond the purpose of the statute; e) a change in circumstances has occurred since the authorizing law's enactment; or f) the rule is so arbitrary and capricious as to be unreasonably burdensome.

No rule shall take effect prior to the expiration of thirty legislative days after it is filed. Within this time frame, the General Assembly may adopt a concurrent resolution to disapprove and annul such rule. If such resolution is passed within thirty legislative days, the Secretary of State shall not publish the rule until such resolution is signed by the Governor or, if such resolution is vetoed, until the General Assembly has an opportunity to override the veto. The Secretary of State shall publish the order of rulemaking and a notice of those rules annulled. The General Assembly is also authorized to revoke an existing rule using similar procedures.

If any of the powers of the General Assembly to review or disapprove of and annul proposed rules are found unconstitutional, the General Assembly's grant of rulemaking authority shall invalid.

EMERGENCY RULES (Section 536.025): An emergency rule shall remain in effect until the expiration of thirty legislative days after such rule is filed with the General Assembly and Secretary of State. An emergency rule may be suspended by the Committee or annulled by the General Assembly by concurrent resolution.

GENERAL PROVISIONS (Section 536.016): All agencies shall develop procedures to determine if a proposed rule is necessary to carry out the purposes of the authorizing statute.

In any action challenging agency rulemaking the burden of proof is shifted to the agency to prove its action is valid. A prevailing party in such a challenge is entitled to the party's reasonable costs, expenses and attorney's fees. Further, the Committee is provided standing to intervene in judicial challenges to agency action in the name of its chair.

DENISE GARNIER