Rules, procedure to adopt
Before a rule made under this law can take effect, a special government committee must review and approve it. The attorney general sends the proposed rule to that committee, which has 30 days to accept or reject it. If the committee rejects it, the rule cannot be published or used. The full state legislature can also cancel a rule later by a vote.
407.970. s, procedure to adopt — or of rules, procedure. — 1. No rule or portion of a rule under the of sections 407.950 to 407.970 shall become effective until it has been approved by the in accordance with the procedures provided in sections 407.950 to 407.970, and the delegation of the legislative authority to enact law by the adoption of such rules is upon the power of the joint committee on administrative rules to and rules pending by the senate and the house of representatives as provided in sections 407.950 to 407.970.
2. Upon any proposed rule with the the shall submit such proposed rule to the committee which may hold hearings upon any proposed rule or portion thereof at any time.
3. A 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. If the committee does not disapprove such within the thirty-day period, the attorney general may file such order of rulemaking with the secretary of state and the order of rulemaking shall be approved.
4. The committee may, by majority vote of the members, suspend the order of rulemaking or portion thereof by taken prior to the filing of the final order of rulemaking only for one or more of the following grounds:
(1) An absence of for the proposed rule;
(2) An emergency relating to public health, safety or welfare;
(3) The proposed rule is in conflict with state law;
(4) A substantial change in circumstance since enactment of the law upon which the proposed rule is based.
5. If the committee disapproves any rule or portion thereof, the attorney general shall not file such disapproved portion of any rule with the secretary of state and the secretary of state shall not publish in the any final order of rulemaking containing the disapproved portion.
6. If the committee disapproves any rule or portion thereof, the committee shall report its findings to the senate and the house of representatives. No rule or portion thereof disapproved by the committee shall take effect so long as the senate and the house of representatives the act of the joint committee by adopted in each house within thirty legislative days after such rule or portion thereof has been disapproved by the joint committee.
7. Upon adoption of a rule as provided in sections 407.950 to 407.970, any such rule or portion thereof may be or by the either by bill or, Section 8, Article IV of the Constitution of Missouri, by upon recommendation of the joint committee on administrative rules. The committee shall be to hold hearings and make recommendations pursuant to the of section 536.037. The secretary of state shall publish in the Missouri Register, as soon as , notice of the suspension or revocation.
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Source & history notes
(L. 1995 H.B. 333 § 1 subsecs. 18 to 24)
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