Periodic Rule Review
The General Assembly instituted a five-(5)-year rolling review of existing rules that began in 2015, as set forth in section 536.175, RSMo. Each year a specified group of state agencies will undergo a process to review existing rules. Agencies will begin their review of rules on the following schedule
|Titles||Begin Review by||Complete Review by||Reports on file|
|Title 1 – Office of Administration
Title 2 – Department of Agriculture
Title 3 – Department of Conservation
Title 4 – Department of Economic Development
Title 5 – Department of Elementary and Secondary Education
Title 6 – Department of Higher Education
|July 1, 2020||June 30, 2021||2016 Reports|
|Title 7 – Department of Transportation
Title 8 – Department of Labor and Industrial Relations
Title 9 – Department of Mental Health
Title 10 – Department of Natural Resources
|July 1, 2016||June 30, 2017||2017 Reports|
|Title 11 – Department of Public Safety
Title 12 – Department of Revenue
Title 13 – Department of Social Services
Title 14 – Department of Corrections
|July 1, 2017||June 30, 2018||2018 Reports|
|Title 15 – Elected Officials
Title 16 – Retirement Systems
Title 17 – Boards of Police Commissioners
Title 18 – Public Defender Commission
Title 19 – Department of Health and Senior Services
|July 1, 2018||June 30, 2019||2019 Reports|
|Title 20 – Department of Commerce and Insurance
Title 22 – Missouri Consolidated Health Care Plan
|July 1, 2019||June 30, 2020||2020 Reports|
The Public Comment Process: Each year the Joint Committee on Administrative Rules will publish a notification in the July 1st edition of the Missouri Register, regarding what titles are under review, a notice that comments may be submitted to the agency concerning rules under review within 60 days of publication, requirements for comments, and agency contact information. Agencies are required to provide the Joint Committee on Administrative Rules with contact information for agency designees assigned to receive comments. Criteria for submitting comments is as follows:
- Comments must be received within sixty (60) days of July 1st
- Comments must identify the commenter.
- Comments must identify the specific rule commented upon.
- Comments must be directly associated with a specified rule.
- Comments must be submitted to the following agency designee:
The Report: The agency will prepare a report containing the results of the review which will include: whether the rule continues to be necessary; whether the rule is obsolete; whether the rule overlaps, duplicates, or conflicts with other rules; whether a less restrictive or more narrowly tailored rule is appropriate; whether the rule needs amendment or rescission; whether incorporated by reference materials are proper; and whether rules affecting small business are still relevant. The report will also contain an appendix with the nature of the comments the department has received on the rules and the agency responses to the comments.
Report Deadline: The report must be filed with the Joint Committee on Administrative Rules by the following June 30th. Any rule not included in the report may become null and void. However, there is an extensive process, including multiple opportunities to correct the deficiency, in place before nullification of the rule. Such opportunities include the ability of the agency to request an extension from the Joint Committee on Administrative Rules, as well as notification to the agency and opportunity to correct the delinquency.