ADMINISTRATIVE LAW



HCS/SS/SCS/SB 469 (See also HB 1135) - Modifies provisions regarding the updating and review of administrative rules. The Secretary of State is given the authority to make non-substantive changes to the Code of State Regulations to update state agency information, such as name or address changes.
 Every state administrative rule shall be subject to a periodic review by the appropriate state agency every five years. The act creates a schedule for the periodic review of rules by their title in the Code of State Regulations. Each agency with rules under review shall prepare a report with the results of the periodic rule review. The report shall consider whether the rule: continues to be necessary or is obsolete; duplicates, overlaps or conflicts with other state, federal or local rules; needs changes or should be rescinded in order to reduce regulatory burdens on businesses, individuals or political subdivisions, or to eliminate unnecessary paperwork; and whether a less restrictive, more narrowly tailored rule could adequately protect the public or accomplish the same statutory purpose. For rules that affect small business, the agency must consider the specific public purpose or interest for adopting the rules and other reasons to justify its continued existence.
 The subject agency must file its report with JCAR and the Small Business Regulatory Fairness Board within one year of notice being filed by JCAR in the Missouri Register. If the agency does not file the report, and does not receive an extension for good cause, then JCAR must notify the Secretary of State to publish notice in the Register as to the rules that are delinquent. The rules shall be void after the first sixty legislative days of the General Assembly’s next regular session unless the agency cures the delinquency by providing the required report within 90 days after publication in the Register.
 If a petition is filed with an agency requesting the adoption, amendment or rescission of a rule, the agency shall respond within 60 days with its determination as to whether a rule should be adopted, amended, or removed. A written petition shall constitute the required notice for purposes of current law provisions authorizing attorney fees and expenses in cases where an agency’s actions were based on a statement of general applicability that should have been promulgated as a rule. (Signed 7/13/12)

HCS/SS/SCS/SB 595 - Administration of special education due process hearings. (See Education & School Law) (Signed 7/5/12)

CCS/HCS/SB 628 - Modifies provisions relating to the judiciary. (See Judicial Administration)
(Neither signed nor vetoed. Becomes law pursuant to Article III, Section 31, Missouri Constitution).

SS/SCS/HB 1251 - Modifies provisions relating to natural resources. Includes the following provisions relating to Administrative Law:

STATE AUDITOR - Requires the State Auditor to conduct an audit of each solid waste management district in the state. The State Auditor may request reimbursement for the cost of the audit from the solid waste management district.

ADMINISTRATIVE HEARING COMMISSION - Provides that the Administrative Hearing Commission (AHC) must hold a hearing within 90 days of the filing date of an appeal of a decision made by an environmental commission and make a recommended decision within 120 days. These timeframes may be further extended at the request of the permittee.
 An environmental commission must issue its final decision with regard to an appeal that went to the AHC within 180 days of the date the appeal was filed. This timeframe may also be further extended at the request of the permittee.

ENVIRONMENTAL PERMIT ISSUANCE TIMEFRAMES - Currently, if state law requires the Department of Natural Resources to issue an environmental permit within a certain timeframe and the department fails to do so, it must issue the permit on the first day following the expiration of the timeframe. The act modifies this provision so that the requirement to automatically issue the permit only applies at the request of the permit applicant.

JUDICIAL REVIEW OF AIR PERMITS - Current law requires any actions filed in a court of law seeking judicial review of final decisions made by the Air Conservation Commission to be made in the court of appeals rather than in the circuit court. The act limits this requirement to only actions seeking judicial review of decisions relating to certain types of operating or construction permits.

JUDICIAL REVIEW OF WATER PERMITS - Current law requires any actions filed in a court of law seeking judicial review of final decisions made by the Clean Water Commission to be made in the court of appeals rather than in the circuit court. The act limits this requirement to only actions seeking judicial review of decisions relating to water pollution control permits for utilities; otherwise the action shall be filed in circuit court.

CHANGES LAWS RELATING TO CERTAIN AFFORDABILITY FINDINGS REQUIRED MADE BY DNR - includes provisions relating to asbestos and water pollution control. (Signed 7/10/12)

SS/HCS/HB 1647 - Modifies provisions relating to public safety. Includes provisions relating to:

HAZARDOUS WASTE - Missouri Hazardous Waste Commission may promulgate rules that exceed the federal Resource Conservation and Recovery Act (RCRA) only under certain conditions, otherwise the Commission is prohibited from promulgating any state regulation that either exceeds certain requirements under RCRA or that implements a requirements before RCRA requires implementation. By December 31, 2013, the Department of Natural Resources must identify any of its rules that are inconsistent with the act and must thereafter amend any such rule. After December 31, 2015, any inconsistent rule becomes unenforceable. The Department may not selectively exclude any or part of any state hazardous waste regulation in certain authorization applications to the U.S. Environmental Protection Agency. (See Criminal Law for a summary of additional provisions of this bill). (Signed 7/10/12)

HCS/HB 1900 – The Joint Committee on Legislative Research is authorized to incorporate statutorily authorized executive department reorganization. Such authority is limited to name changes and movement of portions or statutory sections to the appropriate chapters of law.
 Any person may appeal to the Administrative Hearing Commission any decision made by the Department of Public Safety regarding a claim filed on or after August 28, 2012, for compensation to victims of crime and specifies a person’s rights regarding the appeal. (See State Government, Local Government and Taxation Law for a summary of many additional provisions of this omnibus bill). (Vetoed 7/20/12)

Index of Bills by Subject Matter

Key
  • CCS - Conference Committee Substitute
  • HB - House Bill
  • HCS - House Committee Substitute
  • HS - House Substitute
  • HJR - House Joint Resolution
  • SB - Senate Bill
  • SCS - Senate Committee Substitute
  • SS - Senate Substitute
  • SJR - Senate Joint Resolution
  • * - Missouri Bar Committee-Drafted Legislation
 

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