Daniel R.E. Jordan, Esquire
Unpublished amendment is no basis for decision. Wilson v. Division of Employment Security, No. 73746 (Mo. App. W.D., January 31, 2012), Ellis, J.
Statute requires agency to set forth procedure by
regulation. Regulation allowed dismissal for failure to “appear” at hearing, which regulation defined as providing a phone number. Agency based a decision on a new definition that appeared in a regulatory amendment published after the decision issued.
Held: An amendment to the regulation, published after agency decision issues, provides no support for that decision. “The neglect to comply with these [promulgation] procedures deprives a regulation of validity.” Agency had no power to affirm dismissal based on unpublished amendment.