536.031. Code to be published--to be revised monthly--incorporation by reference authorized, courts to take judicial notice--incorporation by reference of certain rules, how.
Code to be published--to be revised monthly--incorporation byreference authorized, courts to take judicial notice--incorporationby reference of certain rules, how.
536.031. 1. There is established a publication to be known as the"Code of State Regulations", which shall be published in a format andmedium as prescribed and in writing upon request by the secretary of stateas soon as practicable after ninety days following January 1, 1976, and maybe republished from time to time thereafter as determined by the secretaryof state.
2. The code of state regulations shall contain the full text of allrules of state agencies in force and effect upon the effective date of thefirst publication thereof, and effective September 1, 1990, it shall berevised no less frequently than monthly thereafter so as to include allrules of state agencies subsequently made, amended or rescinded. The codemay also include citations, references, or annotations, prepared by thestate agency adopting the rule or by the secretary of state, to anyintraagency ruling, attorney general's opinion, determination, decisions,order, or other action of the administrative hearing commission, or anydetermination, decision, order, or other action of a court interpreting,applying, discussing, distinguishing, or otherwise affecting any rulepublished in the code.
3. The code of state regulations shall be published in looseleaf formin one or more volumes upon request and a format and medium as prescribedby the secretary of state with an appropriate index, and revisions in thetext and index may be made by the secretary of state as necessary andprovided in written format upon request.
4. An agency may incorporate by reference rules, regulations,standards, and guidelines of an agency of the United States or a nationallyor state-recognized organization or association without publishing thematerial in full. The reference in the agency rules shall fully identifythe incorporated material by publisher, address, and date in order tospecify how a copy of the material may be obtained, and shall state thatthe referenced rule, regulation, standard, or guideline does not includeany later amendments or additions. The agency adopting a rule, regulation,standard, or guideline under this section shall maintain a copy of thereferenced rule, regulation, standard, or guideline at the headquarters ofthe agency and shall make it available to the public for inspection andcopying at no more than the actual cost of reproduction. The secretary ofstate may omit from the code of state regulations such materialincorporated by reference in any rule the publication of which would beunduly cumbersome or expensive.
5. The courts of this state shall take judicial notice, withoutproof, of the contents of the code of state regulations.
(L. 1975 S.B. 58 § 536.030, A.L. 1976 S.B. 478, A.L. 1989 H.B. 143, A.L. 2004 H.B. 1616 merged with S.B. 1100)