536.010. Definitions. — For the purpose of this chapter:
(1) "Affected small business" or "affects small business" means any potential or actual requirement imposed upon a small business or minority small business through a state agency's proposed or adopted rule that will cause direct and significant economic burden upon a small business or minority small business, or that is directly related to the formation, operation, or expansion of a small business;
(2) "Agency" means any administrative officer or body existing under the constitution or by law and authorized by law or the constitution to make rules or to adjudicate contested cases, except those in the legislative or judicial branches;
(3) "Board" means the small business regulatory fairness board, except when the word is used in section 536.100;
(4) "Contested case" means a proceeding before an agency in which legal rights, duties or privileges of specific parties are required by law to be determined after hearing;
(5) The term "decision" includes decisions and orders whether negative or affirmative in form;
(6) "Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy, or that describes the organization, procedure, or practice requirements of any agency. The term includes the amendment or repeal of an existing rule, but does not include:
(a) A statement concerning only the internal management of an agency and which does not substantially affect the legal rights of, or procedures available to, the public or any segment thereof;
(b) A declaratory ruling issued pursuant to section 536.050, or an interpretation issued by an agency with respect to a specific set of facts and intended to apply only to that specific set of facts;
(c) An intergovernmental, interagency, or intraagency memorandum, directive, manual or other communication which does not substantially affect the legal rights of, or procedures available to, the public or any segment thereof;
(d) A determination, decision, or order in a contested case;
(e) An opinion of the attorney general;
(f) Those portions of staff manuals, instructions or other statements issued by an agency which set forth criteria or guidelines to be used by its staff in auditing, in making inspections, in settling commercial disputes or negotiating commercial arrangements, or in the selection or handling of cases, such as operational tactics or allowable tolerances or criteria for the defense, prosecution, or settlement of cases, when the disclosure of such statements would enable law violators to avoid detection, facilitate disregard of requirements imposed by law, or give a clearly improper advantage to persons who are in an adverse position to the state;
(g) A specification of the prices to be charged for goods or services sold by an agency as distinguished from a license fee, or other fees;
(h) A statement concerning only the physical servicing, maintenance or care of publicly owned or operated facilities or property;
(i) A statement relating to the use of a particular publicly owned or operated facility or property, the substance of which is indicated to the public by means of signs or signals;
(j) A decision by an agency not to exercise a discretionary power;
(k) A statement concerning only inmates of an institution under the control of the department of corrections and human resources or the division of youth services, students enrolled in an educational institution, or clients of a health care facility, when issued by such an agency;
(l) Statements or requirements establishing the conditions under which persons may participate in exhibitions, fairs or similar activities, managed by the state or an agency of the state;
(m) Income tax or sales forms, returns and instruction booklets prepared by the state department of revenue for distribution to taxpayers for use in preparing tax returns;
(7) "Small business" means a for-profit enterprise consisting of fewer than one hundred full- or part-time employees;
(8) "State agency" means each board, commission, department, officer or other administrative office or unit of the state other than the general assembly, the courts, the governor, or a political subdivision of the state, existing under the constitution or statute, and authorized by the constitution or statute to make rules or to adjudicate contested cases.
Notes of Decisions
Missouri Soybean Ass'n v. Missouri Clean Water Comm'n, 102 S.W.3d 10 (Mo. 2003).
· cites it 28× “In their petition for declaratory judgment and injunctive relief, brought under the Missouri Administrative Procedure Act, (MAPA), section 536.010, et seq., the appellants alleged the Commission's inclusion of these rivers on the list was rulemaking.”
Middleton v. Missouri Dep't of Corr., 278 S.W.3d 193 (Mo. 2009).
· cites it 48× “The statute, section 536.010(6), RSMo 2000, does not deal directly with matters involving the execution of prisoners, but it does say that matters concerning "only" inmates are not included in the administrative rules process.”
United Pharmacal Co. of Missouri v. Missouri Bd. of Pharmacy, 159 S.W.3d 361 (Mo. 2005).
· cites it 16× “Section 536.010(6) defines the substantive requirements of a rule as follows: "`Rule' means each agency statement of general applicability that implements, interprets, or prescribes law or policy, or that describes the organization, procedure, or practice requirements of any…”
PHYSICIAN 3491 v. North Kansas City, 51 S.W.3d 101 (Mo. Ct. App. 2001).
· cites it 23× “Although the trial court was incorrect in stating that Chapter 536 had no application to Hospital, it was correct in determining that judicial review, as a contested case under § 536.010, RSMo, did not apply. Given the dismissal of the request for uncontested case review, the…”
State Ex Rel. Yarber v. McHenry, 915 S.W.2d 325 (Mo. 1995).
· cites it 10× “010(2), RSMo 1986, as "a proceeding before an agency in which legal rights, duties or privileges of specific parties are required by law to be determined after a hearing.”
Weinschenk v. State, 203 S.W.3d 201 (Mo. 2006).
· cites it 6× “10]" states: Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo [the…”
Missouri Ass'n of Nurse Anesthetists v. State Bd. of Reg., 343 S.W.3d 348 (Mo. 2011).
· cites it 9× “” Section 536.010(2), RSMo Supp.2006. 4 . "There is hereby created and established a board to be known as ‘The State Board of Registration for the Healing Arts’ for the purpose of registering, licensing and supervising all physicians and surgeons, and midwives in this state.”
Wooldridge v. Greene Cnty., 198 S.W.3d 676 (Mo. Ct. App. 2006).
· cites it 12× “See § 536.010 et seq. 1 After Wooldridge’s employment with Greene County was terminated, he sought judicial review of that decision as an uncontested case pursuant to § 536.”
Kunzie v. City of Olivette, 184 S.W.3d 570 (Mo. 2006).
· cites it 5× “” Section 536.010(2). 3 The “law” that may require a hearing “includes any ordinance, statute, or constitutional provision that mandates a hearing.”
Branson R-IV Sch. Dist. v. Labor & Indus. Relations Comm'n, 888 S.W.2d 717 (Mo. Ct. App. 1994).
· cites it 12× “The court of appeals concluded that this formula “amounted to a statement of general applicability and, hence, a rule within the definition of § 536.010, RSMo 1978,” and that the PSC’s adjudicatory order (which was based on the formula) “was invalid because required rule making…”
— Mo. Rev. Stat. § 536.010(1) — 18 cases
State Ex Rel. Yarber v. McHenry, 915 S.W.2d 325 (Mo. 1995).
“010(2), RSMo 1986, as "a proceeding before an agency in which legal rights, duties or privileges of specific parties are required by law to be determined after a hearing.”
PHYSICIAN 3491 v. North Kansas City, 51 S.W.3d 101 (Mo. Ct. App. 2001).
“Although the trial court was incorrect in stating that Chapter 536 had no application to Hospital, it was correct in determining that judicial review, as a contested case under § 536.010, RSMo, did not apply. Given the dismissal of the request for uncontested case review, the…”
— Mo. Rev. Stat. § 536.010(1)(2)(3)(4) — 1 case
— Mo. Rev. Stat. § 536.010(2) — 101 cases
State Ex Rel. Yarber v. McHenry, 915 S.W.2d 325 (Mo. 1995).
“010(2), RSMo 1986, as "a proceeding before an agency in which legal rights, duties or privileges of specific parties are required by law to be determined after a hearing.”
Wooldridge v. Greene Cnty., 198 S.W.3d 676 (Mo. Ct. App. 2006).
“See § 536.010 et seq. 1 After Wooldridge’s employment with Greene County was terminated, he sought judicial review of that decision as an uncontested case pursuant to § 536.”
Kunzie v. City of Olivette, 184 S.W.3d 570 (Mo. 2006).
“” Section 536.010(2). 3 The “law” that may require a hearing “includes any ordinance, statute, or constitutional provision that mandates a hearing.”
— Mo. Rev. Stat. § 536.010(3) — 16 cases
— Mo. Rev. Stat. § 536.010(4) — 80 cases
Missouri Soybean Ass'n v. Missouri Clean Water Comm'n, 102 S.W.3d 10 (Mo. 2003).
“In their petition for declaratory judgment and injunctive relief, brought under the Missouri Administrative Procedure Act, (MAPA), section 536.010, et seq., the appellants alleged the Commission's inclusion of these rivers on the list was rulemaking.”
— Mo. Rev. Stat. § 536.010(4)(a) — 2 cases
PHYSICIAN 3491 v. North Kansas City, 51 S.W.3d 101 (Mo. Ct. App. 2001).
“Although the trial court was incorrect in stating that Chapter 536 had no application to Hospital, it was correct in determining that judicial review, as a contested case under § 536.010, RSMo, did not apply. Given the dismissal of the request for uncontested case review, the…”
Branson R-IV Sch. Dist. v. Labor & Indus. Relations Comm'n, 888 S.W.2d 717 (Mo. Ct. App. 1994).
“The court of appeals concluded that this formula “amounted to a statement of general applicability and, hence, a rule within the definition of § 536.010, RSMo 1978,” and that the PSC’s adjudicatory order (which was based on the formula) “was invalid because required rule making…”
— Mo. Rev. Stat. § 536.010(4)(b) — 1 case
Branson R-IV Sch. Dist. v. Labor & Indus. Relations Comm'n, 888 S.W.2d 717 (Mo. Ct. App. 1994).
“The court of appeals concluded that this formula “amounted to a statement of general applicability and, hence, a rule within the definition of § 536.010, RSMo 1978,” and that the PSC’s adjudicatory order (which was based on the formula) “was invalid because required rule making…”
— Mo. Rev. Stat. § 536.010(4)(c) — 1 case
Missouri Soybean Ass'n v. Missouri Clean Water Comm'n, 102 S.W.3d 10 (Mo. 2003).
“In their petition for declaratory judgment and injunctive relief, brought under the Missouri Administrative Procedure Act, (MAPA), section 536.010, et seq., the appellants alleged the Commission's inclusion of these rivers on the list was rulemaking.”
— Mo. Rev. Stat. § 536.010(4)(d) — 2 cases
Branson R-IV Sch. Dist. v. Labor & Indus. Relations Comm'n, 888 S.W.2d 717 (Mo. Ct. App. 1994).
“The court of appeals concluded that this formula “amounted to a statement of general applicability and, hence, a rule within the definition of § 536.010, RSMo 1978,” and that the PSC’s adjudicatory order (which was based on the formula) “was invalid because required rule making…”
— Mo. Rev. Stat. § 536.010(5) — 6 cases
— Mo. Rev. Stat. § 536.010(6) — 21 cases
Middleton v. Missouri Dep't of Corr., 278 S.W.3d 193 (Mo. 2009).
“The statute, section 536.010(6), RSMo 2000, does not deal directly with matters involving the execution of prisoners, but it does say that matters concerning "only" inmates are not included in the administrative rules process.”
United Pharmacal Co. of Missouri v. Missouri Bd. of Pharmacy, 159 S.W.3d 361 (Mo. 2005).
“Section 536.010(6) defines the substantive requirements of a rule as follows: "`Rule' means each agency statement of general applicability that implements, interprets, or prescribes law or policy, or that describes the organization, procedure, or practice requirements of any…”
Missouri Ass'n of Nurse Anesthetists v. State Bd. of Reg., 343 S.W.3d 348 (Mo. 2011).
“” Section 536.010(2), RSMo Supp.2006. 4 . "There is hereby created and established a board to be known as ‘The State Board of Registration for the Healing Arts’ for the purpose of registering, licensing and supervising all physicians and surgeons, and midwives in this state.”
— Mo. Rev. Stat. § 536.010(6)(a) — 1 case
Middleton v. Missouri Dep't of Corr., 278 S.W.3d 193 (Mo. 2009).
“The statute, section 536.010(6), RSMo 2000, does not deal directly with matters involving the execution of prisoners, but it does say that matters concerning "only" inmates are not included in the administrative rules process.”
— Mo. Rev. Stat. § 536.010(6)(k) — 1 case
Middleton v. Missouri Dep't of Corr., 278 S.W.3d 193 (Mo. 2009).
“The statute, section 536.010(6), RSMo 2000, does not deal directly with matters involving the execution of prisoners, but it does say that matters concerning "only" inmates are not included in the administrative rules process.”
— Mo. Rev. Stat. § 536.010(8) — 5 cases
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