294.150. Rulemaking authority, procedure.
Rulemaking authority, procedure.
294.150. 1. Subject to the approval of the department director and thecommission, the director shall have the power to adopt, amend or rescind anyrules or regulations as are necessary to administer the provisions of thischapter.
2. No rule or portion of a rule promulgated under the authority of thischapter shall become effective until it has been approved by the jointcommittee on administrative rules in accordance with the procedures providedin this section, and the delegation of the legislative authority to enact lawby the adoption of such rules is dependent upon the power of the jointcommittee on administrative rules to review and suspend rules pendingratification by the senate and the house of representatives as provided inthis section.
3. Upon filing any proposed rule with the secretary of state, thedirector shall concurrently submit such proposed rule to the committee, whichmay hold hearings upon any proposed rule or portion thereof at any time.
4. 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 directormay file such order of rulemaking with the secretary of state and the order ofrulemaking shall be deemed approved.
5. 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.
6. If the committee disapproves any rule or portion thereof, thedirector 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.
7. 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.
8. Upon adoption of a rule as provided in this section, any such rule orportion thereof may be suspended or revoked by the general assembly either bybill or, pursuant to section 8, article IV of the Constitution of Missouri, byconcurrent resolution upon recommendation of the joint committee onadministrative rules. The committee shall be authorized to hold hearings andmake recommendations pursuant to the provisions of section 536.037, RSMo. Thesecretary of state shall publish in the Missouri Register, as soon aspracticable, notice of the suspension or revocation.
(L. 1995 H.B. 300 & 95 merged with H.B. 414)