536.205. Fiscal notes for proposed rules affecting private persons or entities, required, when, where filed, contents--publication--effect of failure to publish--challenges to rule for failure to comp
Fiscal notes for proposed rules affecting private persons or entities,required, when, where filed, contents--publication--effect of failureto publish--challenges to rule for failure to comply, timelimitation.
536.205. 1. Any state agency filing a notice of proposedrulemaking, as required by section 536.021, whereby the adoption,amendment, or rescission of the rule would require an expenditureof money by or a reduction in income for any person, firm,corporation, association, partnership, proprietorship or businessentity of any kind or character which is estimated to cost morethan five hundred dollars in the aggregate, shall at the time offiling the notice with the secretary of state file a fiscal notecontaining the following information and estimates of cost:
(1) An estimate of the number of persons, firms,corporations, associations, partnerships, proprietorships orbusiness entities of any kind or character by class which wouldlikely be affected by the adoption of the proposed rule,amendment or rescission of a rule;
(2) A classification by types of the business entities insuch manner as to give reasonable notice of the number and kindof businesses which would likely be affected;
(3) An estimate in the aggregate as to the cost ofcompliance with the rule, amendment or rescission of a rule bythe affected persons, firms, corporations, associations,partnerships, proprietorships or business entities of any kind orcharacter.
2. The fiscal note shall be published in the MissouriRegister contemporary with and adjacent to the notice of proposedrulemaking, and failure to do so shall render any rulepromulgated thereunder void and of no force and effect.
3. Any challenge to a rule based on failure to meet therequirements of this section shall be commenced no later thanfive years after the effective date of the rule.
4. In the event that any rule published prior to June 3,1994, shall have failed to provide a fiscal note as required bythis section, such agency shall publish the required fiscal noteprior to August 28, 1995, and in that event the rule shall not bevoid. Any such rule shall be deemed to have met the requirementsof this section until that date.
(L. 1978 S.B. 721 § 2, A.L. 1994 S.B. 558)Effective 6-3-94
(1994) Administrative rules adopted by air conservation commission which did not comply with statute's requirements for fiscal notes, estimating cost of compliance to private entities, to be published in Missouri Register contemporarily with, and adjacent to, notices of proposed rulemaking were void. Mo. Hosp. Assn. v. Air Conservation Commission, 874 S.W.2d 380 (Mo.App.W.D.).