Missouri Revised Statutes

Mo. Rev. Stat. § 536.014 (2026)

Rules invalid, when

✓ current as of May 2026
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  536.014.  Rules invalid, when. — No department, agency, commission or board rule shall be valid in the event that:

  (1)  There is an absence of statutory authority for the rule or any portion thereof; or

  (2)  The rule is in conflict with state law; or

  (3)  The rule is so arbitrary and capricious as to create such substantial inequity as to be unreasonably burdensome on persons affected.

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(L. 1997 H.B. 850)

Effective 6-27-97

Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 2002–2026 · leading case: Psychiatric Healthcare Corp. v. Dep't of Soc. Servs., 100 S.W.3d 891 (Mo. Ct. App. 2003).
Psychiatric Healthcare Corp. v. Dep't of Soc. Servs., 100 S.W.3d 891 (Mo. Ct. App. 2003). · cites it 17× “070(ll)(F) invalid and void because the regulation sets no standard for medical review decisions by physician reviewers and thus permits arbitrary, capricious, and discriminatory decisions in violation of section 536.014 RSMo and due process of law.”
United Pharmacal Co. of Missouri v. Missouri Bd. of Pharmacy, 159 S.W.3d 361 (Mo. 2005). · cites it 4× “Section 536.014 defines the scope of substantive validity challenges to rules.”
Massage Therapy Training Inst., LLC v. Missouri State Bd. of Therapeutic Massage, 65 S.W.3d 601 (Mo. Ct. App. 2002). · cites it 4× “1987); § 536.014. 3 In making this argument, Plaintiffs point out that the legislature, in prescribing the six areas in which Board might promulgate regulations, never specifically included authority over massage therapy schools.”
State ex rel. Pub. Couns. v. Pub. Serv. Comm'n, 397 S.W.3d 441 (Mo. Ct. App. 2013). · cites it 3× “pective application of the lost revenue component in contravention of the goals and objectives of the MEEIA; (3) the Commission’s requirements for semi-annual adjustments of DSIM rates are unlawful and unreasonable because they do not permit adjustments to lost revenue…”
State Ex Rel. Missouri Gas Energy v. Pub. Serv. Comm'n, 210 S.W.3d 330 (Mo. Ct. App. 2006). · cites it 2× “§ 536.014(2). All orders are prima facie lawful and reasonable.”
Beverly Enter.-Missouri Inc. v. Dep't of Soc. Servs., Div. of Med. Servs., 349 S.W.3d 337 (Mo. Ct. App. 2008). · cites it 3× “Section 536.014, RSMo 2000, concerns the validity of agency rules: No department, agency, commission or board rule shall be valid in the event that: (1) There is an absence of statutory authority for the rule or any portion thereof; or (2) The rule is in conflict with state law;…”
Harter v. Missouri Pub. Serv. Comm'n, 361 S.W.3d 52 (Mo. Ct. App. 2011). · cites it 2× “2010, and was invalid under section 536.014 of MAPA and under the PSC rule at 4 CSR 240-2.”
Valley Park Props., LLC v. Missouri Dep't of Nat. Resources & St. Louis Composting, Inc., 580 S.W.3d 607 (Mo. Ct. App. 2019). · cites it 7× “” Section 536.014. “The burden is upon those challenging the rule to show that it bears no reasonable relationship to the legislative objective.”
Prime Healthcare Servs.-Kansas City, LLC, d/b/a St. Joseph Med. Ctr. v. State of Missouri Dep't of Health & Senior Servs., 653 S.W.3d 638 (Mo. Ct. App. 2022). · cites it 6× “Joseph challenges, as against the weight of the evidence, the trial court’s finding that the 15-mile rule is not arbitrary and capricious under § 536.014,3 arguing that the evidence did not support a 15-mile geographical restriction on designation of level III trauma centers…”
Beverly Enter.-Mo. v. Dept. Soc. Serv., 349 S.W.3d 337 (Mo. Ct. App. 2009). · cites it 3× “Section 536.014, RSMo 2000, concerns the validity of agency rules: No department, agency, commission or board rule shall be valid in the event that: (1) There is an absence of statutory authority for the rule or any portion thereof; or (2) The rule is in conflict with state law;…”
Am. Fed'n of State, Cnty. & Mun. Employees, AFL-CIO, Council 61 v. State of Missouri, 653 S.W.3d 111 (Mo. 2022). · cites it 3× “” Section 536.014, RSMo 2016. Missouri courts have repeatedly recognized that a regulation must be within the authority of a statute and “cannot expand or modify a statute.”
City of Foley v. Dir., Missouri Dep't of Revenue & Missouri State Auditor Nicole Galloway, No. WD84635 (Mo. Ct. App. Oct. 18, 2022). · cites it 2× “’ Section 536.014. ‘The burden is upon those challenging the rule to show that it bears no reasonable relationship to the legislative objective.”
Mo. Rev. Stat. § 536.014(2): 2 cases
State Ex Rel. Missouri Gas Energy v. Pub. Serv. Comm'n, 210 S.W.3d 330 (Mo. Ct. App. 2006). “§ 536.014(2). All orders are prima facie lawful and reasonable.”
Prime Healthcare Servs.-Kansas City, LLC, d/b/a St. Joseph Med. Ctr. v. State of Missouri Dep't of Health & Senior Servs., 653 S.W.3d 638 (Mo. Ct. App. 2022). “Joseph challenges, as against the weight of the evidence, the trial court’s finding that the 15-mile rule is not arbitrary and capricious under § 536.014,3 arguing that the evidence did not support a 15-mile geographical restriction on designation of level III trauma centers…”
Mo. Rev. Stat. § 536.014(3): 2 cases
Psychiatric Healthcare Corp. v. Dep't of Soc. Servs., 100 S.W.3d 891 (Mo. Ct. App. 2003). “070(ll)(F) invalid and void because the regulation sets no standard for medical review decisions by physician reviewers and thus permits arbitrary, capricious, and discriminatory decisions in violation of section 536.014 RSMo and due process of law.”
Prime Healthcare Servs.-Kansas City, LLC, d/b/a St. Joseph Med. Ctr. v. State of Missouri Dep't of Health & Senior Servs., 653 S.W.3d 638 (Mo. Ct. App. 2022). “Joseph challenges, as against the weight of the evidence, the trial court’s finding that the 15-mile rule is not arbitrary and capricious under § 536.014,3 arguing that the evidence did not support a 15-mile geographical restriction on designation of level III trauma centers…”
Mo. Rev. Stat. § 536.014(a): 1 case
State Ex Rel. Missouri Gas Energy v. Pub. Serv. Comm'n, 210 S.W.3d 330 (Mo. Ct. App. 2006). “§ 536.014(2). All orders are prima facie lawful and reasonable.”
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