Mo. Rev. Stat. » Chapter 536
Missouri Revised Statutes

Mo. Rev. Stat. § 536.016 (2026)

Requirements for rulemaking

✓ current as of May 2026
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  536.016.  Requirements for rulemaking — proposed rules to be made available on agency website. — 1.  Any state agency shall propose rules based upon substantial evidence on the record and a finding by the agency that the rule is necessary to carry out the purposes of the statute that granted such rulemaking authority.

  2.  Each state agency shall adopt procedures by which it will determine whether a rule is necessary to carry out the purposes of the statute authorizing the rule.  Such criteria and rulemaking shall be based upon reasonably available empirical data and shall include an assessment of the effectiveness and the cost of rules both to the state and to any private or public person or entity affected by such rules.

  3.  Each state agency shall make publicly available proposed rules on the home page of its official internet website by providing a hyperlink entitled "proposed rules".  This hyperlink shall grant access to an internet page which shall provide the following information for each proposed rule within one business day of when such rule is published in the Missouri Register:

  (1)  The text of the proposed rule as filed with the secretary of state pursuant to section 536.021, including any fiscal notes;

  (2)  A summary which shall be a concise statement not exceeding one hundred words using language neither intentionally argumentative nor likely to create prejudice either for or against the proposed rule; and

  (3)  A direct hyperlink to the full text of the proposed rule located in the Missouri Register and all material incorporated by reference on the secretary of state's website.

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(L. 1997 H.B. 850, A.L. 1999 S.B. 176, A.L. 2014 S.B. 504)

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2003–2021 · leading case: State Ex Rel. Atmos Energy Corp. v. Pub. Serv. Comm'n of the State, 103 S.W.3d 753 (Mo. 2003).
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State Ex Rel. Atmos Energy Corp. v. Pub. Serv. Comm'n of the State, 103 S.W.3d 753 (Mo. 2003). · cites it 10× “Point IV Appellants also contend that the PSC acted unlawfully in adopting the rules by failing to comply with the provisions of section 536.016, which, the parties agree, became effective on August 28, 1999, more than two months after the notices of the proposed rules were…”
State of Missouri, ex rel. D&D Distributors, LLC d/b/a Grey Eagle Distributors & Neil Komadoski v. Missouri Comm'n on Human Rights, Alisa Warren, PH.D., In her Off. Capacity as Exec. Dir. of the Missouri Comm'n on Human Rights & Jerry Holloway, 579 S.W.3d 318 (Mo. Ct. App. 2019). · cites it 4× “The Court explained: Because section 536.016 applies solely to an agency's proposal of rules, and because the PSC proposed the rules prior to the statute's effective date, the statute is relevant only if it has retrospective application.”
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 12× “Point II In its second point on appeal, Beverly contends that the Division’s adoption in the challenged amendments of an 85% minimum utilization adjustment for the capital and administration cost components violated section 536.016, RSMo 2000. Section 536.016, RSMo 2000,…”
Missouri Mun. League v. Carnahan, 364 S.W.3d 548 (Mo. Ct. App. 2011). · cites it 2× “” Section 536.016. “Rule” is defined as “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.”
Beverly Enter.-Mo. v. Dept. Soc. Serv., 349 S.W.3d 337 (Mo. Ct. App. 2009). · cites it 12× “Point II In its second point on appeal, Beverly contends that the Division's adoption in the challenged amendments of an 85% minimum utilization adjustment for the capital and administration cost components violated section 536.016, RSMo 2000. Section 536.016, RSMo 2000,…”
Heather M. Bass v. Police Ret. Sys. of Kansas City, Missouri (Mo. Ct. App. 2021). · cites it 4× “Section 536.016 states in relevant part: 12 1.”
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