536.010. Definitions.
Definitions.
536.010. For the purpose of this chapter:
(1) "Affected small business" or "affects small business" means anypotential or actual requirement imposed upon a small business or minoritysmall business through a state agency's proposed or adopted rule that willcause direct and significant economic burden upon a small business orminority small business, or that is directly related to the formation,operation, or expansion of a small business;
(2) "Agency" means any administrative officer or body existing underthe constitution or by law and authorized by law or the constitution tomake rules or to adjudicate contested cases, except those in thelegislative or judicial branches;
(3) "Board" means the small business regulatory fairness board,except when the word is used in section 536.100;
(4) "Contested case" means a proceeding before an agency in whichlegal rights, duties or privileges of specific parties are required by lawto be determined after hearing;
(5) The term "decision" includes decisions and orders whethernegative or affirmative in form;
(6) "Rule" means each agency statement of general applicability thatimplements, interprets, or prescribes law or policy, or that describes theorganization, procedure, or practice requirements of any agency. The termincludes the amendment or repeal of an existing rule, but does not include:
(a) A statement concerning only the internal management of an agencyand which does not substantially affect the legal rights of, or proceduresavailable to, the public or any segment thereof;
(b) A declaratory ruling issued pursuant to section 536.050, or aninterpretation issued by an agency with respect to a specific set of factsand intended to apply only to that specific set of facts;
(c) An intergovernmental, interagency, or intraagency memorandum,directive, manual or other communication which does not substantiallyaffect the legal rights of, or procedures available to, the public or anysegment thereof;
(d) A determination, decision, or order in a contested case;
(e) An opinion of the attorney general;
(f) Those portions of staff manuals, instructions or other statementsissued by an agency which set forth criteria or guidelines to be used byits staff in auditing, in making inspections, in settling commercialdisputes or negotiating commercial arrangements, or in the selection orhandling of cases, such as operational tactics or allowable tolerances orcriteria for the defense, prosecution, or settlement of cases, when thedisclosure of such statements would enable law violators to avoiddetection, facilitate disregard of requirements imposed by law, or give aclearly improper advantage to persons who are in an adverse position to thestate;
(g) A specification of the prices to be charged for goods or servicessold by an agency as distinguished from a license fee, or other fees;
(h) A statement concerning only the physical servicing, maintenanceor care of publicly owned or operated facilities or property;
(i) A statement relating to the use of a particular publicly owned oroperated facility or property, the substance of which is indicated to thepublic by means of signs or signals;
(j) A decision by an agency not to exercise a discretionary power;
(k) A statement concerning only inmates of an institution under thecontrol of the department of corrections and human resources or thedivision of youth services, students enrolled in an educationalinstitution, or clients of a health care facility, when issued by such anagency;
(l) Statements or requirements establishing the conditions underwhich persons may participate in exhibitions, fairs or similar activities,managed by the state or an agency of the state;
(m) Income tax or sales forms, returns and instruction bookletsprepared by the state department of revenue for distribution to taxpayersfor use in preparing tax returns;
(7) "Small business" means a for-profit enterprise consisting offewer than one hundred full- or part-time employees;
(8) "State agency" means each board, commission, department, officeror other administrative office or unit of the state other than the generalassembly, the courts, the governor, or a political subdivision of thestate, existing under the constitution or statute, and authorized by theconstitution or statute to make rules or to adjudicate contested cases.
(L. 1945 p. 1504 § 1, A.L. 1957 p. 748, A.L. 1976 S.B. 478, A.L. 2004 H.B. 978, A.L. 2005 H.B. 576, A.L. 2006 S.B. 1146)(1977) Held, director of revenue must hold hearing on question as to reasonable possibility of judgment being rendered against a person, requires a hearing under § 303.290, RSMo, and is a "contested case" coming under the provision of Chap. 536, RSMo. Randle et al. v. Spradling (Mo.), 556 S.W.2d 10.
(1979) Mandamus was remedy when city council denied a liquor license under a municipal code when all conditions were met and was not a "contested" case. State ex rel. Keeven v. City of Hazelwood, et al. (A.), 585 S.W.2d 557.
(1995) Local school boards qualify as agencies under this definition. If a hearing is required by substantive law, it must be conducted according to contested case procedures. State ex rel. Clint Yarber v. McHenry, 915 S.W.2d 325 (Mo.banc).
(2000) Fire protection district had the power to hire and fire employees and thus was an "agency" under the section's definition. Krentz v. Robertson, 228 F.3d 897 (8th Cir.).