Effective - 28 Aug 1995
348.275. Rulemaking authority, procedure. — 1. The department of economic development may draft and promulgate rules and regulations consistent with the provisions of sections 348.251 to 348.272 as are necessary or useful to carry out the provisions of those sections.
2. No rule or portion of a rule promulgated under the authority of sections 348.251 to 348.272 shall become effective until it has been approved by the joint committee on administrative rules in accordance with the procedures provided in this section, and the delegation of the legislative authority to enact law by the adoption of such rules is dependent upon the power of the joint committee on administrative rules to review and suspend rules pending ratification by the senate and the house of representatives as provided in this section.
3. Upon filing any proposed rule with the secretary of state, the department shall concurrently submit such proposed rule to the committee, which may hold hearings upon any proposed rule or portion thereof at any time.
4. A final order of rulemaking shall not be filed with the secretary of state until thirty days after such final order of rulemaking has been received by the committee. The committee may hold one or more hearings upon such final order of rulemaking during the thirty-day period. If the committee does not disapprove such order of rulemaking within the thirty-day period, the department may file such order of rulemaking with the secretary of state and the order of rulemaking shall be deemed approved.
5. The committee may, by majority vote of the members, suspend the order of rulemaking or portion thereof by action taken prior to the filing of the final order of rulemaking only for one or more of the following grounds:
(1) An absence of statutory authority for the proposed rule;
(2) An emergency relating to public health, safety or welfare;
(3) The proposed rule is in conflict with state law;
(4) A substantial change in circumstance since enactment of the law upon which the proposed rule is based.
6. If the committee disapproves any rule or portion thereof, the department shall not file such disapproved portion of any rule with the secretary of state and the secretary of state shall not publish in the Missouri Register any final order of rulemaking containing the disapproved portion.
7. If the committee disapproves any rule or portion thereof, the committee shall report its findings to the senate and the house of representatives. No rule or portion thereof disapproved by the committee shall take effect so long as the senate and the house of representatives ratify the act of the joint committee by resolution adopted in each house within thirty legislative days after such rule or portion thereof has been disapproved by the joint committee.
8. Upon adoption of a rule as provided in this section, any such rule or portion thereof may be suspended or revoked by the general assembly either by bill or, pursuant to Section 8, Article IV of the Constitution of Missouri, by concurrent resolution upon recommendation of the joint committee on administrative rules. The committee shall be authorized to hold hearings and make recommendations pursuant to the provisions of section 536.037. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the suspension or revocation.
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(L. 1995 H.B. 414)
Structure Missouri Revised Statutes
Title XXIII - Corporations, Associations and Partnerships
Section 348.005 - Law, how cited.
Section 348.015 - Definitions.
Section 348.025 - Commission members, who may serve.
Section 348.030 - Commissioners' terms.
Section 348.035 - Bond required for commissioners, executive director and employees, cost.
Section 348.040 - Removal of commissioners from office, procedure.
Section 348.045 - Officers, terms.
Section 348.050 - Meetings, quorum — actions by resolution, requirements.
Section 348.055 - Expenses of commission, no compensation to be paid.
Section 348.065 - Secretary's duties
Section 348.070 - Powers of authority.
Section 348.075 - Rules and regulations, promulgation, procedure.
Section 348.080 - Duties of authority.
Section 348.085 - Cooperation with federal and state agencies.
Section 348.090 - Additional powers of authority.
Section 348.095 - Termination of authority, rights and property to vest in state — exceptions.
Section 348.100 - Loans, authority may purchase or participate, requirements.
Section 348.110 - Bond issues and notes authorized.
Section 348.120 - Note issue and renewal — bond issues and refunding authorized.
Section 348.125 - Notes and bond issues to be authorized by resolution containing terms.
Section 348.130 - Pledges of authority to be liens on all authority assets.
Section 348.135 - Facsimile signatures, validity.
Section 348.140 - Redemption of notes and bonds — powers — price.
Section 348.145 - Issuance of refunding obligations — terms, how determined.
Section 348.165 - Official person executing bonds and notes, no personal liability.
Section 348.175 - Investment powers and limitations of authority.
Section 348.180 - Annual report — audit.
Section 348.185 - Statement of purpose.
Section 348.190 - Loan guarantee program — rules, regulations, promulgation, procedure.
Section 348.200 - Single-purpose animal facilities loan guarantee fund established — administration.
Section 348.205 - Money not needed may be invested.
Section 348.210 - Eligibility for guarantees for loans — rules — terms, conditions.
Section 348.215 - Policy of collection and recovery.
Section 348.220 - Animal waste facilities loan program guarantees — priorities, limitations.
Section 348.225 - Single-purpose animal facilities loan program fund created — purpose.
Section 348.253 - Contracts with not-for-profit organizations, objectives.
Section 348.256 - Articles of incorporation, bylaws, content — members, qualifications.
Section 348.262 - Department may contract with corporations.
Section 348.262 - Department may contract with corporations.
Section 348.263 - Open meetings and sunshine law applicability — records, requirements.
Section 348.264 - Science and innovation reinvestment fund established — source of funds — purpose.
Section 348.264 - Technology investment fund established — source of funds — purpose.
Section 348.266 - Debts incurred not debt of the state — subject to not-for-profit corporation law.
Section 348.275 - Rulemaking authority, procedure.
Section 348.280 - Contingent effective date.
Section 348.300 - Definitions.
Section 348.300 - Definitions.
Section 348.304 - Certificates, how issued, limitations, exchanges.
Section 348.306 - Transfer of certificates, procedure, limitations.
Section 348.308 - Duties of director of economic development — issuance of certificates.
Section 348.312 - Construction of provisions.
Section 348.400 - Definitions.
Section 348.403 - Authority to develop program — rules — reject application, when.
Section 348.406 - Certificates of guaranty — fee — limitations.
Section 348.408 - Agricultural product utilization grant fund established — limitation on grants.
Section 348.409 - Agricultural product utilization and business loan guarantee fund established.
Section 348.412 - Use of loan proceeds — eligibility — rules.
Section 348.415 - Collections.
Section 348.426 - Rules, effective, when — rules invalid and void, when.
Section 348.434 - Limitations on credits issued.
Section 348.436 - Expiration date.
Section 348.438 - Departments to provide assistance.
Section 348.439 - Oversight and report on credits.
Section 348.505 - Tax credit for family farm livestock loan program, procedure.
Section 348.515 - Recognition of benefit of providing assistance to certain family farm operations.
Section 348.524 - Livestock feed and crop input loan guarantee fund established — use of moneys.
Section 348.527 - Investment of fund moneys.
Section 348.530 - Eligibility for loans — rulemaking authority.