reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.022 - Suspension or termination of rules — procedure.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 27 Jun 1997, see footnote
536.022. Suspension or termination of rules — procedure. —
1. If any rule or portion of a rule of a state agency is suspended or terminated by action of the governor, a court or other authority, the state agency shall immediately file a notice of such action with the secretary of state.
2. The notice, in a format for publication designed by the secretary of state, shall contain the title and number of the rule; shall describe briefly the action taken with regard to the rule and the parties affected by the suspension or termination; shall state the effective date of the suspension or termination; shall state the duration of the suspension; and shall contain such other information deemed necessary by the secretary of state to provide adequate public information.
3. If any action has the effect of changing the information in the initial notice, the state agency shall immediately file a new notice with the secretary of state in the same manner as the original notice.
4. Notices shall be printed by the secretary of state in the Missouri Register as soon as practicable. The secretary of state shall insert in the code of state regulations material regarding the suspension or termination of rules, and the secretary of state may remove rules which have terminated.
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(L. 1979 S.B. 204, A.L. 1997 H.B. 850)
Effective 6-27-97
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.023 - Procedures for numbering, indexing and publishing to be prescribed by secretary of state.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2004
536.023. Procedures for numbering, indexing and publishing to be prescribed by secretary of state. —
1. The secretary of state shall prescribe in a format and medium as prescribed by the secretary of state and in writing upon request uniform procedures for the numbering, indexing, form and publication of all rules, notices of proposed rulemaking and orders of rulemaking. Copies of the procedures shall be furnished by the secretary of state to each state agency and copies thereof shall be permanently maintained in the office of the secretary of state and shall be available for public inspection at all reasonable times.
2. No rule, notice of proposed rulemaking or final order of rulemaking shall be accepted for filing with the secretary of state unless it conforms to said uniform procedures.
3. Each state agency shall adopt as a rule a description of its organization and general courses and methods of its operation and the methods and procedures whereby the public may obtain information or make submissions or requests. Substantial changes in any matter covered by the foregoing description shall be made only in accordance with the procedures set forth in this chapter.
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(L. 1975 S.B. 58, A.L. 1976 S.B. 478, A.L. 1997 H.B. 850, A.L. 2004 H.B. 1616 merged with S.B. 1100)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.024 - Validity of rules promulgated by state agency dependent on compliance with procedural requirements — powers and duties of joint committee.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2005
536.024. Validity of rules promulgated by state agency dependent on compliance with procedural requirements — powers and duties of joint committee. —
1. When the general assembly authorizes any state agency to adopt administrative rules or regulations, the granting of such rulemaking authority and the validity of such rules and regulations is contingent upon the agency complying with the provisions of this section in promulgating such rules after June 3, 1994.
2. Upon filing any proposed rule with the secretary of state, the filing agency shall concurrently submit such proposed rule to the joint committee on administrative rules, which may hold hearings upon any proposed rule or portion thereof at any time.
3. A final order of rulemaking shall not be filed with the secretary of state until thirty days after such final order of rulemaking has been received by the committee. The committee may hold one or more hearings upon such final order of rulemaking during the thirty-day period.
4. The committee may file with the secretary of state any comments or recommendations that the committee has concerning a proposed or final order of rulemaking. Such comments shall be published in the Missouri Register.
5. The committee may refer comments or recommendations concerning such rule to the appropriations and budget committees of the house of representatives and the appropriations committee of the senate for further action.
6. The provisions of this section shall not apply to rules adopted by the labor and industrial relations commission.
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(L. 1994 S.B. 558 § 536.018, A.L. 1995 S.B. 3, A.L. 1997 H.B. 850, A.L. 1998 S.B. 900, A.L. 2005 S.B. 237)
CROSS REFERENCE:
Workers' compensation cases, this section not deemed to govern discovery between parties, 287.811
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.026 - Comments on proposed rules — committees for comment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 27 Jun 1997, see footnote
536.026. Comments on proposed rules — committees for comment. —
1. In addition to seeking information by other methods, an agency may solicit comments from the public on the subject matter of a rule that the agency is considering proposing. The agency may file a notice of the rule under consideration as a proposed rulemaking with the secretary of state for publication in the Missouri Register as soon as practicable after the filing thereof in the secretary's office. The notice may contain the number and the subject matter of the rule as well as a statement indicating where, when, and how persons may comment.
2. Each agency may also appoint committees to comment on the subject matter of a rule that the agency is considering proposing. The membership of those committees must be published at least annually in the Missouri Register.
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(L. 1997 H.B. 850 § 536.020)
Effective 6-27-97
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.027 - Written comments to be retained as public record for three years.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 01 Jan 1976, see footnote
536.027. Written comments to be retained as public record for three years. —
Any written comment filed pursuant to section 536.021 in support of or opposition to a notice of proposed rulemaking and any written record of a public hearing in connection with a notice of proposed rulemaking shall be retained for a period of at least three years by the agency issuing the notice, and all such comments and other records shall be available for public inspection at all reasonable times.
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(L. 1975 S.B. 58)
Effective 1-01-76
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.032 - Code of state regulations, secretary of state authorized to make nonsubstantive changes, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2012
536.032. Code of state regulations, secretary of state authorized to make nonsubstantive changes, when. —
Upon the filing of a request by a state agency with the joint committee on administrative rules and the secretary of state concurrently, and after publication in the Missouri Register, the secretary of state shall have the authority to make nonsubstantive changes to the code of state regulations to update changes in department or division name information in response to statutory changes or executive orders, or to changes in state agency addresses, state agency telephone numbers, email addresses, or state agency website addresses.
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(L. 2012 H.B. 1135 merged with S.B. 469)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.033 - Sale of register and code of state regulations, cost, how established — correction of clerical errors authorized.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2019, 2 histories
536.033. Sale of register and code of state regulations, cost, how established — correction of clerical errors authorized. —
1. Copies or subscription of the register or code shall be made available to the public by the secretary of state upon request for a reasonable charge to be established by the secretary of state, not to exceed the actual cost of publishing and delivery.
2. All fees collected from the sale of the Missouri Register or the code of state regulations by the secretary of state shall be deposited to general revenue.
3. The secretary of state may correct typographical or spelling errors in the publication of any rule, notice of proposed rulemaking, or order of rulemaking.
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(L. 1975 S.B. 58, A.L. 1976 S.B. 478, A.L. 1981 S.B. 101, A.L. 2019 H.B. 1088)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.035 - Rules and orders to be permanent public record — executive orders to be published in the Missouri Register.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2002
536.035. Rules and orders to be permanent public record — executive orders to be published in the Missouri Register. —
1. All rules or executive orders filed with the secretary of state pursuant to sections 536.015 to 536.043 shall be retained permanently and shall be open to public inspection at all reasonable times.
2. Beginning January 1, 2003, all executive orders issued after said date shall be published in the Missouri Register.
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(L. 1975 S.B. 58, A.L. 2002 S.B. 812)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.037 - Committee on administrative rules, members, meetings, duties — reports — expenses.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2005
536.037. Committee on administrative rules, members, meetings, duties — reports — expenses. —
1. There is established a permanent joint committee of the general assembly to be known as the "Committee on Administrative Rules", which shall be composed of five members of the senate and five members of the house of representatives. The senate members of the committee shall be appointed by the president pro tem of the senate and the house members by the speaker of the house. The appointment of each member shall continue during his term of office as a member of the general assembly unless sooner removed. No major party shall be represented by more than three appointed members from either house.
2. The committee on administrative rules shall meet within ten days after its creation and organize by selecting a chairman and a vice chairman, one of whom shall be a member of the senate and one of whom shall be a member of the house of representatives. A majority of the members constitutes a quorum. Meetings of the committee may be called at such time and place as the chairman designates.
3. The committee shall review all rules promulgated by any state agency after January 1, 1976, except rules promulgated by the labor and industrial labor relations commission. In its review the committee may take such action as it deems necessary which may include holding hearings.
4. The members of the committee shall receive no compensation in addition to their salary as members of the general assembly, but may receive their necessary expenses while attending the meetings of the committee, to be paid out of the joint contingent fund.
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(L. 1975 S.B. 58, A.L. 1994 S.B. 558, A.L. 1995 S.B. 3, A.L. 2005 S.B. 237)
CROSS REFERENCE:
Workers' compensation cases, this section not deemed to govern discovery between parties, 287.811
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.041 - Any person may petition agency concerning rules, agency must furnish copy to committee on administrative rules and commissioner of administration together with its action — agency recommendations, procedure.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2012
536.041. Any person may petition agency concerning rules, agency must furnish copy to committee on administrative rules and commissioner of administration together with its action — agency recommendations, procedure. —
Any person may file a written petition with an agency requesting the adoption, amendment or repeal of any rule. Any agency receiving such a petition or other request in writing to adopt, amend or repeal any rule shall forthwith furnish a copy thereof to the joint committee on administrative rules and to the commissioner of administration. Within sixty days after the receipt of the petition, the agency shall submit a written response to the petitioner and copies of the response, in electronic format, to the joint committee on administrative rules and to the commissioner of administration, containing its determination whether such rule should be adopted, continued without change, amended, or rescinded, together with a concise summary of the state agency's specific facts and findings with respect to the criteria set forth in subsection 4 of section 536.175. If the agency determines the rule merits adoption, amendment, or rescission, it shall initiate proceedings in accordance with the applicable requirements of this chapter. The joint committee may refer comments or recommendations concerning such rule to the general assembly for further action. Upon timely application, the joint committee on administrative rules may grant, upon good cause shown, an extension of time to answer a petition. A written petition submitted in accordance with this section shall constitute notice for purposes of subsection 9 of section 536.021.
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(L. 1975 S.B. 58 § 536.040, A.L. 1976 S.B. 728, A.L. 1997 H.B. 850, A.L. 2012 H.B. 1135 merged with S.B. 469)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.043 - Director of social services not required to but may promulgate rules.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 01 Jan 1976, see footnote
536.043. Director of social services not required to but may promulgate rules. —
Notwithstanding the provisions of section 189.060, the director of social services shall not be required to promulgate rules provided for in said section, although he may elect to do so as therein provided.
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(L. 1975 S.B. 58 § 2)
Effective 1-01-76
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.046 - Public rulemaking docket, contents, publication.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 27 Jun 1997, see footnote
536.046. Public rulemaking docket, contents, publication. —
Each agency may maintain a public rulemaking docket. The rulemaking docket may contain a listing of the precise subject matter of each rule that the agency is considering proposing. The docket may also contain the name and address of agency personnel with whom persons may communicate with respect to the matter and an indication of the present status within the agency of the rule the agency is considering proposing. The secretary of state may publish such rulemaking dockets.
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(L. 1997 H.B. 850)
Effective 6-27-97
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.053 - Standing to challenge rule.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
Effective - 28 Aug 1999
536.053. Standing to challenge rule. —
Any person who is or may be aggrieved by any rule promulgated by a state agency shall have standing to challenge any rule promulgated by a state agency and may bring such an action pursuant to the provisions of section 536.050. Such person shall not be required to exhaust any administrative remedy and shall be considered a nonstate party.
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(L. 1999 S.B. 1, et al.)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.055 - Correspondence from state agencies, information required — must be printed or typed.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
Effective - 28 Aug 1989
536.055. Correspondence from state agencies, information required — must be printed or typed. —
All correspondence sent from any state agency shall contain the name, address and phone number of the person or agency responsible for sending the correspondence. The name, address and phone number may be printed or typed.
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(L. 1989 H.B. 143 § 2)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.060 - Informal disposition of case by stipulation — summary action — waiver.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1995
536.060. Informal disposition of case by stipulation — summary action — waiver. —
Contested cases and other matters involving licensees and licensing agencies described in section 621.045 may be informally resolved by consent agreement or agreed settlement or may be resolved by stipulation, consent order, or default, or by agreed settlement where such settlement is permitted by law. Nothing contained in sections 536.060 to 536.095 shall be construed (1) to impair the power of any agency to take lawful summary action in those matters where a contested case is not required by law, or (2) to prevent any agency authorized to do so from assisting claimants or other parties in any proper manner, or (3) to prevent the waiver by the parties (including, in a proper case, the agency) of procedural requirements which would otherwise be necessary before final decision, or (4) to prevent stipulations or agreements among the parties (including, in a proper case, the agency).
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(L. 1945 p. 1504 § 6, A.L. 1957 p. 748 § 536.090, A.L. 1995 S.B. 3)
CROSS REFERENCE:
Workers' compensation cases, this section not deemed to govern discovery between parties, 287.811
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.068 - Responsive pleadings to petitioner's complaint or petition to be filed, when — extension — content — bench ruling or memorandum decision on request, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1989
536.068. Responsive pleadings to petitioner's complaint or petition to be filed, when — extension — content — bench ruling or memorandum decision on request, when. —
1. In any proceeding before the administrative hearing commission, any responsive pleading to the petitioner's complaint or petition shall be filed within the time limits specified for filing an answer under the rules governing civil practice in circuit courts in Missouri, unless the administrative hearing commission grants an extension of time for the filing of a responsive pleading. Such responsive pleadings may include, but shall not be limited to, answers, motions to dismiss, motions for a more definite statement or to make more definite and certain, or any combination of these pleadings.
2. The administrative hearing commission shall upon the request of all parties involved and waiver of the provisions of section 536.090 issue a bench ruling or render a memorandum decision on any case within one week of the conclusion of the hearing or within one week of the request, whichever is later.
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(L. 1989 H.B. 143 § 1)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.075 - Discovery rule violations, sanctions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1989
536.075. Discovery rule violations, sanctions. —
In any proceeding before the administrative hearing commission, where a party to the proceeding moves for sanctions for an alleged violation of any discovery rule, the moving party shall in the motion certify that reasonable efforts were made to resolve the dispute informally with the opposing party.
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(L. 1989 S.B. 127, et al. § 3)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.077 - Subpoenas, issuance — form — how served — how enforced.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2003
536.077. Subpoenas, issuance — form — how served — how enforced. —
In any contested case before an agency created by the constitution or state statute, such agency shall upon request of any party issue subpoenas and shall in a proper case issue subpoenas duces tecum. Subpoenas other than subpoenas duces tecum shall on request of any party be issued with the caption and number of the case, the name of the witness, and the date for appearance in blank, but such caption, number, name and date shall be filled in by such party before service. Subpoenas shall extend to all parts of the state, and shall be served and returned as in civil actions in the circuit court. The witness shall be entitled to the same fees and, if compelled to travel more than forty miles from his place of residence, shall be entitled to the same tender of fees for travel and attendance, and at the same time, as is now or may hereafter be provided for witnesses in civil actions in the circuit court, such fees to be paid by the party or agency subpoenaing him, except where the payment of such fees is otherwise provided for by law. The agency or the party at whose request the subpoena is issued shall enforce subpoenas by applying to a judge of the circuit court of the county of the hearing or of any county where the witness resides or may be found for an order upon any witness who shall fail to obey a subpoena to show cause why such subpoena should not be enforced, which said order and a copy of the application therefor shall be served upon the witness in the same manner as a summons in a civil action, and if the said circuit court shall, after a hearing, determine that the subpoena should be sustained and enforced, said court shall proceed to enforce said subpoena in the same manner as though said subpoena had been issued in a civil case in the circuit court. The court shall permit the agency and any party to intervene in the enforcement action. Any such agency may delegate to any member, officer, or employee thereof the power to issue subpoenas in contested cases; provided that, except where otherwise authorized by law, subpoenas duces tecum shall be issued only by order of the agency or a member thereof.
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(L. 1957 p. 748 § 536.070, A.L. 2003 H.B. 141 merged with H.B. 613)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.080 - Parties may file briefs — officials to hear or read evidence.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1957
536.080. Parties may file briefs — officials to hear or read evidence. —
1. In contested cases each party shall be entitled to present oral arguments or written briefs at or after the hearing which shall be heard or read by each official of the agency who renders or joins in rendering the final decision.
2. In contested cases, each official of an agency who renders or joins in rendering a final decision shall, prior to such final decision, either hear all the evidence, read the full record including all the evidence, or personally consider the portions of the record cited or referred to in the arguments or briefs. The parties to a contested case may by written stipulation or by oral stipulation in the record at a hearing waive compliance with the provisions of this section.
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(L. 1945 p. 1504 § 8, A.L. 1957 p. 748 § 536.083)
(1976) Where member of commission had assumed office after conclusion of all hearings and did not participate in the decision which was certified by the participating members, but did participate in order denying application for rehearing to which no certification was attached, trial court was directed to modify its "order of remand" to allow the commissioner ten days to certify that he had complied with this section at the time of denial of the motion for rehearing. Absent such certification, remand for reconsideration should follow. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.083 - Hearing officer not to conduct rehearing or appeal involving same issues and parties.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1989
536.083. Hearing officer not to conduct rehearing or appeal involving same issues and parties. —
Notwithstanding any other provision of law to the contrary, in any administrative hearing conducted under the procedures established in this chapter, and in any other administrative hearing conducted under authority granted any state agency, no person who acted as a hearing officer or who otherwise conducted the first administrative hearing involving any single issue shall conduct any subsequent administrative rehearing or appeal involving the same issue and same parties.
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(L. 1989 H.B. 143 § 3)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.085 - Definitions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1989
536.085. Definitions. —
As used in section 536.087, the following terms mean:
(1)
"Agency proceeding"
, an adversary proceeding in a contested case pursuant to this chapter in which the state is represented by counsel, but does not include proceedings for determining the eligibility or entitlement of an individual to a monetary benefit or its equivalent, child custody proceedings, eminent domain proceedings, driver's license proceedings, vehicle registration proceedings, proceedings to establish or fix a rate, or proceedings before the state tax commission;
(2)
"Party"
:
(a) An individual whose net worth did not exceed two million dollars at the time the civil action or agency proceeding was initiated; or
(b) Any owner of an unincorporated business or any partnership, corporation, association, unit of local government or organization, the net worth of which did not exceed seven million dollars at the time the civil action or agency proceeding was initiated, and which had not more than five hundred employees at the time the civil action or agency proceeding was initiated;
(3)
"Prevails"
, obtains a favorable order, decision, judgment, or dismissal in a civil action or agency proceeding;
(4)
"Reasonable fees and expenses"
includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test, or project which is found by the court or agency to be necessary for the preparation of the party's case, and reasonable attorney or agent fees. The amount of fees awarded as reasonable fees and expenses shall be based upon prevailing market rates for the kind and quality of the services furnished, except that no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the state in the type of civil action or agency proceeding, and attorney fees shall not be awarded in excess of seventy-five dollars per hour unless the court determines that a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee;
(5)
"State"
, the state of Missouri, its officers and its agencies, but shall not include political subdivisions of the state.
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(L. 1989 H.B. 143 § 4)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.090 - Decisions in writing — notice.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1957
536.090. Decisions in writing — notice. —
Every decision and order in a contested case shall be in writing, and, except in default cases or cases disposed of by stipulation, consent order or agreed settlement, the decision, including orders refusing licenses, shall include or be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the agency bases its order. Immediately upon deciding any contested case the agency shall give written notice of its decision by delivering or mailing such notice to each party, or his attorney of record, and shall upon request furnish him with a copy of the decision, order, and findings of fact and conclusions of law.
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(L. 1945 p. 1504 § 9, A.L. 1957 p. 748 § 536.086)
(1969) Specific procedures for notice under the liquor control law supersede the procedures in the general administrative procedure law where a violation of the liquor control law is alleged. State ex rel. Zimmerman v. Moran (Mo.), 439 S.W.2d 503.
(1972) Where the tax commission's findings of fact was a mere statement of the chronology of events that transpired and did not advise the parties or the court of the factual basis upon which the commission reached its conclusion and order, it did not provide basis for review and circuit court's order remanding case for appropriate findings was proper and was not a final appealable order. Iron County v. State Tax Commission (Mo.), 480 S.W.2d 65.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.095 - Contempt — procedure for punishment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1957
536.095. Contempt — procedure for punishment. —
In any hearing in a contested case before an agency created by the constitution or state statute if any person acts or refuses to act in such manner that a contempt of court would have been committed if the case were a civil action before a circuit court, the agency in addition to any other powers it may have by law may apply to a judge of the circuit court of the county of the hearing or of any county where such person resides or may be found, for an order on any such person to show cause why he should not be punished as for contempt, which order and copy of the application therefor shall be served upon the person in the same manner as a summons in a civil action. Thereafter the same proceedings shall be had in such court as in cases of contempt of a circuit court.
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(L. 1957 p. 748 § 536.076)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.120 - Suspension of decisions or orders.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1945
536.120. Suspension of decisions or orders. —
Pending the filing and final disposition of proceedings for review under sections 536.100 to 536.140, the agency may stay the enforcement of its order and may temporarily grant or extend relief denied or withheld. Any court in which such proceedings for review may be pending may issue all necessary and appropriate process to stay or require the agency to stay the enforcement of its order or temporarily to grant or extend or require the agency temporarily to grant or extend relief denied or withheld, pending the final disposition of such proceedings for review. Such stay or other temporary relief by a reviewing court may be conditioned upon such terms as shall appear to the court to be proper. No such stay or temporary relief shall be granted by a reviewing court without notice, except in cases of threatened irreparable injury; and when in any case a stay or other temporary relief is granted without notice the court shall then make an order, of which due notice shall be given, setting the matter down for hearing as promptly as possible on the question whether such stay or other temporary relief shall be continued in effect. No such stay or other temporary relief shall be granted or continued unless the court is satisfied that the public interest will not be prejudiced thereby.
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(L. 1945 p. 1504 § 10)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.130 - Record on judicial review.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1945
536.130. Record on judicial review. —
1. Within thirty days after the filing of the petition or within such further time as the court may allow, the record before the agency shall be filed in the reviewing court. Such record shall consist of any one of the following:
(1) Such parts of the record, proceedings and evidence before the agency as the parties by written stipulation may agree upon;
(2) An agreed statement of the case, agreed to by all parties and approved as correct by the agency;
(3) A complete transcript of the entire record, proceedings and evidence before the agency. Evidence may be stated in either question and answer or narrative form. Documents may be abridged by omitting irrelevant and formal parts thereof. Any matter not essential to the decision of the questions presented by the petition may be omitted. The decision, order and findings of fact and conclusions of law shall in every case be included.
2. The record filed in the reviewing court shall be properly certified by the agency, and shall be typewritten, mimeographed, printed, or otherwise suitably reproduced. In any case where papers, documents or exhibits are to be made a part of the record in the reviewing court, the originals of all or any part thereof, or photostatic or other copies which may have been substituted therefor, may, if the agency permits, be sent to the reviewing court instead of having the same copied into the record.
3. In any case where any party fails or refuses to agree to the correctness of a record, the agency shall decide as to its correctness and certify the record accordingly. If any party shall be put to additional expense by reason of the failure of another party to agree to a proper shortening of the record, the court may tax the amount of such additional expense against the offending party as costs.
4. The record to be filed in the reviewing court shall be filed by the plaintiff, or at the request of the plaintiff shall be transmitted by the agency directly to the clerk of the reviewing court and by him filed; provided, that when original documents are to be sent to the reviewing court they shall be transmitted by the agency directly, as aforesaid. The court may require or permit subsequent corrections of or additions to the record.
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(L. 1945 p. 1504 § 10)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.150 - Review by injunction or original writ, when — scope.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1953
536.150. Review by injunction or original writ, when — scope. —
1. When any administrative officer or body existing under the constitution or by statute or by municipal charter or ordinance shall have rendered a decision which is not subject to administrative review, determining the legal rights, duties or privileges of any person, including the denial or revocation of a license, and there is no other provision for judicial inquiry into or review of such decision, such decision may be reviewed by suit for injunction, certiorari, mandamus, prohibition or other appropriate action, and in any such review proceeding the court may determine the facts relevant to the question whether such person at the time of such decision was subject to such legal duty, or had such right, or was entitled to such privilege, and may hear such evidence on such question as may be properly adduced, and the court may determine whether such decision, in view of the facts as they appear to the court, is unconstitutional, unlawful, unreasonable, arbitrary, or capricious or involves an abuse of discretion; and the court shall render judgment accordingly, and may order the administrative officer or body to take such further action as it may be proper to require; but the court shall not substitute its discretion for discretion legally vested in such administrative officer or body, and in cases where the granting or withholding of a privilege is committed by law to the sole discretion of such administrative officer or body, such discretion lawfully exercised shall not be disturbed.
2. Nothing in this section shall apply to contested cases reviewable pursuant to sections 536.100 to 536.140.
3. Nothing in this section shall be construed to impair any power to take summary action lawfully vested in any such administrative officer or body, or to limit the jurisdiction of any court or the scope of any remedy available in the absence of this section.
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(L. 1953 p. 678 §§ 1, 2, 3)
(1972) Where county ordinance provided no appeal from ruling of Board of Building Appeals, relator was entitled to writ of certiorari to compel the board to certify a sufficiently complete record of proceedings of basis leading to board's decision including name and identity of witnesses and at least a summary of their testimony. State ex rel. Walmar Investment Co. v. Armstrong (A.), 477 S.W.2d 730.
(1975) School district has no right to appeal decision of county board of equalization. State ex rel. St. Francois County School Dist. R-III v. Lalumondier (Mo.), 518 S.W.2d 638.
(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.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.160 - Refund of funds paid into court, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
Effective - 28 Aug 2001
536.160. Refund of funds paid into court, when. —
In the event a reviewing court reverses a decision of a state agency, remands the matter to the agency for further proceedings and orders the payment into court of any increase in funds authorized by said decision, and thereafter, on remand, the state agency reaches the same result, reaffirms or ratifies its prior decision, then the entity which paid such funds into court shall be entitled to a refund of such funds, including all interest accrued thereon. This provision is enacted in part to clarify and specify the law in existence prior to August 28, 2001.
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(L. 2001 S.B. 267)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.210 - Fiscal note forms.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1978
536.210. Fiscal note forms. —
The secretary of state shall establish a form which each state agency shall use in compiling the fiscal note and affidavit required by sections 536.200, 536.205 and 536.215, and failure of the agency to use said forms shall result in rejection by the secretary of state.
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(L. 1978 S.B. 721 § 3)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.215 - Revised fiscal notes required, when — rejection, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 1978
536.215. Revised fiscal notes required, when — rejection, when. —
If before the effective date, such rule, amendment or rescission is altered to the extent that the cost or reduction in income is changed by more than ten percent, then a new fiscal note and affidavit shall be filed with the order of rulemaking and the new estimated cost shall be published in the Missouri Register.
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(L. 1978 S.B. 721 § 4)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.303 - Small business statement required for certain proposed rules, content.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2005
536.303. Small business statement required for certain proposed rules, content. —
1. For any proposed rules that affect small business, the agency shall also submit a small business statement to the board after a public hearing is held. This section shall not apply to emergency rules. The small business statement required by this section shall provide the following information:
(1) A description of how the opinions or comments from affected small businesses were solicited;
(2) A summary of the public and small business comments;
(3) A summary of the agency's response to those comments; and
(4) The number of persons who attended the public hearing, testified at the hearing, and submitted written comments.
2. If a request to change the proposed rule was made at the hearing in a way that affected small business, a statement of the reasons for adopting the proposed rule without the requested change shall be included in the small business statement.
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(L. 2005 H.B. 576)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.315 - State agencies to consider board recommendations, response.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2004
536.315. State agencies to consider board recommendations, response. —
Any state agency receiving recommendations from the board shall promptly consider such recommendations and may file a response with the board within sixty days of receiving the board's recommendations. If the state agency determines that no action shall be taken on the board's recommendations, the agency should explain its reasons for its determination. If the state agency determines that the board's recommendations merit adoption, amendment or repeal of a rule, the agency should indicate this in its response.
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(L. 2004 H.B. 978)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.320 - Waiver or reduction of administrative penalties, when — inapplicability, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2004
536.320. Waiver or reduction of administrative penalties, when — inapplicability, when. —
1. Any state agency authorized to assess administrative penalties or administrative fines upon a small business may consider waiving or reducing any administrative penalty or administrative fine for a violation of any statute, ordinance, or rules by a small business under the following conditions:
(1) The small business corrects the violation within thirty days after receipt of a notice of violation or citation;
(2) The violation was unintentional or the result of excusable neglect;
(3) The violation was the result of an excusable misunderstanding of a state agency's interpretation of a rule; or
(4) The small business self-identifies the violation.
2. Subsection 1 of this section shall not apply when:
(1) A small business fails to exercise good faith in complying with the statute, ordinance, or rule;
(2) A violation involves willful or criminal conduct;
(3) The violation is deemed by the state agency to be egregious;
(4) A violation results in serious health, safety, or environmental impact;
(5) The penalty or fine is assessed pursuant to a federal law or regulation for which no waiver or reduction is authorized by the federal law or regulation; or
(6) There is a continuing pattern of similar violations by the small business.
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(L. 2004 H.B. 978 § 536.325)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.325 - Rules affecting small business, list provided by a board to agencies — availability of list — testimony may be solicited.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2012, 2 histories
536.325. Rules affecting small business, list provided by a board to agencies — availability of list — testimony may be solicited. —
1. The board shall provide to the head of each agency a list of any rules adopted by the agency that affect small business and have generated complaints or concerns, including any rules that the board determines may duplicate, overlap, or conflict with other rules or exceed statutory authority. Within forty-five days after being notified by the board the list of rules adopted, the agency shall submit a written report to the board in response to the complaints or concerns. The agency shall also state whether the agency has considered the continued need for the rules and the degree to which technology, economic conditions, and other relevant factors may have diminished or eliminated the need for maintaining the rules.
2. The board may solicit testimony from the public at a public meeting regarding any report submitted by the agency under this section or section 536.175. The board shall electronically submit an evaluation report to the governor and the general assembly regarding small business comments, agency response, and public testimony on rules in this section and the report shall be maintained on the board's website. The governor and the general assembly may take such action in response to the report as they find appropriate.
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(L. 2005 H.B. 576, A.L. 2012 H.B. 1135 merged with S.B. 469)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 536 - Administrative Procedure and Review › Section 536.328 - Judicial review for small businesses adversely affected or aggrieved by an agency action, procedure.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 536
• Effective - 28 Aug 2005
536.328. Judicial review for small businesses adversely affected or aggrieved by an agency action, procedure. —
For any regulation subject to sections 536.300 to 536.328, a small business that is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements of sections 536.300 to 536.328. Judicial review shall be commenced in the circuit court of the county in which the small business has its primary place of business, or in Cole County. If the small business does not have a primary place of business in the state, proper venue shall be in Cole County. Notwithstanding any provisions of this chapter to the contrary, an affected small business may seek such judicial review during the period beginning on the date the proposed rule becomes final and ending one year later.
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(L. 2005 H.B. 576)