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

Mo. Rev. Stat. § 536.031 (2026)

Code to be published

✓ current as of May 2026
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  536.031.  Code to be published — to be revised monthly — incorporation by reference authorized. — 1.  There is established a publication to be known as the "Code of State Regulations", which shall be published in a format and medium as prescribed by the secretary of state from time to time as determined by the secretary of state.

  2.  The code of state regulations shall contain the full text of all rules of state agencies in force and effect upon the effective date of the first publication thereof, and effective September 1, 1990, it shall be revised no less frequently than monthly thereafter so as to include all rules of state agencies subsequently made, amended or rescinded.  The code may also include citations, references, or annotations, prepared by the state agency adopting the rule or by the secretary of state, to any intraagency ruling, attorney general's opinion, determination, decisions, order, or other action of the administrative hearing commission, or any determination, decision, order, or other action of a court interpreting, applying, discussing, distinguishing, or otherwise affecting any rule published in the code.

  3.  The code of state regulations shall be published in a format and medium as prescribed by the secretary of state.

  4.  An agency may incorporate by reference rules, regulations, standards, and guidelines of an agency of the United States or a nationally or state-recognized organization or association without publishing the material in full.  The reference in the agency rules shall fully identify the incorporated material by publisher, address, and date in order to specify how a copy of the material may be obtained, and shall state that the referenced rule, regulation, standard, or guideline does not include any later amendments or additions, except that:

  (1)  Hospital licensure regulations promulgated under this chapter and chapter 197 may incorporate by reference Medicare conditions of participation, as defined in section 197.005, and later additions or amendments to such conditions of participation; and

  (2)  Hospital licensure regulations governing life safety code standards promulgated under this chapter and chapter 197 to implement section 197.065 may incorporate, by reference, later additions or amendments to such rules, regulations, standards, or guidelines as needed to consistently apply current standards of safety and practice.

  5.  The agency adopting a rule, regulation, standard, or guideline under this section shall maintain a copy of the referenced rule, regulation, standard, or guideline at the headquarters of the agency and shall make it available to the public for inspection and copying at no more than the actual cost of reproduction.  The secretary of state may omit from the code of state regulations such material incorporated by reference in any rule the publication of which would be unduly cumbersome or expensive.

  6.  The courts of this state shall take judicial notice, without proof, of the contents of the code of state regulations.

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(L. 1975 S.B. 58 § 536.030, A.L. 1976 S.B. 478, A.L. 1989 H.B. 143, A.L. 2004 H.B. 1616 merged with S.B. 1100, A.L. 2016 S.B. 608 merged with S.B. 635 merged with S.B. 973, A.L. 2018 H.B. 2183 merged with S.B. 951, A.L. 2019 H.B. 1088)

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1979–2023 · leading case: State v. Clinch, 335 S.W.3d 579 (Mo. Ct. App. 2011).
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State v. Clinch, 335 S.W.3d 579 (Mo. Ct. App. 2011). · cites it 4× “On the morning of trial, the State argued that the 2007 amendment of section 536.031 did not remove the requirement that the threat of the commission of a forcible felony be imminent to support a defense of others claim.”
Jannett v. King, 687 S.W.2d 252 (Mo. Ct. App. 1985). · cites it 3× “Section 536.031(5) RSMo 1978, requires the court to take judicial notice of *255 the contents of the code of the state regulations without proof.”
Young v. United States Fid. & Guar. Co., 588 S.W.2d 46 (Mo. Ct. App. 1979). · cites it 2× “768, effective March 1976, now codified as § 536.031(5), RSMo 1978, V.A.M.S., we are required to notice the regulations of state agencies.”
State v. Malveaux, 604 S.W.2d 728 (Mo. Ct. App. 1980). · cites it 2× “Additionally, appellant, in holding to the prohibition against courts taking judicial notice of rules, ignores the legislative change in 1975 to § 536.031 5 applicable to the instant case.”
Ballew v. Ainsworth, 670 S.W.2d 94 (Mo. Ct. App. 1984). · cites it 2× “§ 536.031, RSMo 1978. 4 Nevertheless, we have examined the record and determined that any failure on the part of the Director to give notice to appellant that the witnesses would be called could have had no prejudicial effect on appellant.”
Noss v. Abrams, 787 S.W.2d 834 (Mo. Ct. App. 1990). · cites it 2× “§ 536.031 RSMo.1986. The Missouri Real Estate Commission is such an agency authorized to license and *838 regulate the business of real estate agents and brokers pursuant to § 339.”
State v. Hall, 751 S.W.2d 403 (Mo. Ct. App. 1988). · cites it 3× “040 RSMo 1978 and Section 536.031 RSMo 1978. Defendant had an opportunity to prove that the charged rule was not duly promulgated and published and therefore ineffective.”
State v. Miller, 588 S.W.2d 237 (Mo. Ct. App. 1979). “It further required that all rules on file January 1, 1976, which did not conform to the prescribed standards be rewritten and refiled within 90 days and “the rewritten rules shall become effective immediately upon refiling without following the provisions of Section 536.021”.…”
State ex rel. Ashcroft v. Whipple, 647 S.W.2d 596 (Mo. Ct. App. 1983). · cites it 2× “The only clue is an allegation that the individual defendants are “owners, residents or occupants” of the land in question.”
Birdnow v. Dir. of Revenue, 767 S.W.2d 384 (Mo. Ct. App. 1989). · cites it 3× “Section 536.031 RSMo (1988). When a court judicially notices a regulation, it admits the relevant regulation in effect on the date in question.”
Jefferson Lines, Inc. v. Missouri Pub. Serv. Comm'n, 581 S.W.2d 124 (Mo. Ct. App. 1979). · cites it 2× “Under § 536.031(5), RSMo 1976 Supp., this court takes judicial notice of the rules printed in the code of state regulations.”
State of Missouri v. Sara M. Eyler (Mo. Ct. App. 2023). · cites it 2× “The factual elements of self-defense set in section 536.031 are different than the elements of justification in section 536.”
Show all 13 citing cases →
— Mo. Rev. Stat. § 536.031(5) — 3 cases
Jannett v. King, 687 S.W.2d 252 (Mo. Ct. App. 1985). “Section 536.031(5) RSMo 1978, requires the court to take judicial notice of *255 the contents of the code of the state regulations without proof.”
Young v. United States Fid. & Guar. Co., 588 S.W.2d 46 (Mo. Ct. App. 1979). “768, effective March 1976, now codified as § 536.031(5), RSMo 1978, V.A.M.S., we are required to notice the regulations of state agencies.”
Jefferson Lines, Inc. v. Missouri Pub. Serv. Comm'n, 581 S.W.2d 124 (Mo. Ct. App. 1979). “Under § 536.031(5), RSMo 1976 Supp., this court takes judicial notice of the rules printed in the code of state regulations.”
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