This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. State ex rel. Pursuant to section 137.021.1, the legislature rejected the rule by concurrent resolution. Following judgment in the Association et al.'s favor, the STC appeals. The STC cannot be compelled to adopt the specific rule in question.
Mandamus is a discretionary writ, and there is no right to have the writ.
Mandamus cannot be used to control the judgment or discretion of a public official. Section 536.021.5 gives an agency the discretion to withdraw proposed rules or regulations within a stated time frame and affirmatively considers them withdrawn if not filed within that time frame. Therefore, mandamus will not lie. Selection of one such rule over another is within the STC's discretion. Even if HCR 3 were the immediate cause of the rule's demise, the STC still had the discretion to withdraw the rule or decline to file a final rulemaking order in the event that the legislature had not disapproved the rule.