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.
Notes of Decisions
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.”
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…”
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;…”
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;…”
Mo. Rev. Stat. § 536.014(2): 2 cases
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.”
Mo. Rev. Stat. § 536.014(a): 1 case
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