Agency Rulemaking Petition - Missouri

PETITION FOR RULEMAKING — MISSOURI

IMPORTANT NOTICE

This template is designed for use under Missouri's Administrative Procedure and Review chapter, codified at RSMo § 536.010 et seq. Under RSMo § 536.041, any person may petition a state agency requesting the adoption, amendment, or rescission of a rule.

The agency must submit a written response within 60 days of receipt, containing its determination and a concise summary of specific facts and findings. The agency must also furnish copies of the petition and its response to the Joint Committee on Administrative Rules (JCAR) and the Commissioner of Administration.

This document must be reviewed by a licensed Missouri attorney before filing.

SECTION 1: COVER LETTER

[__/__/____]

[________________________________]
[Director/Commissioner/Agency Head Title]
[________________________________]
[Agency Name]
[________________________________]
[Agency Street Address]
[________________________________]
[City], Missouri [____]

Via: ☐ Hand Delivery ☐ Certified Mail, Return Receipt Requested ☐ Electronic Submission (if accepted)

Re: Petition for Rulemaking Under RSMo § 536.041

Dear [________________________________]:

On behalf of [________________________________] ("Petitioner(s)"), I respectfully submit the enclosed Petition for Rulemaking requesting that [________________________________] ("Agency") take action concerning rules as follows:

☐ Adopt a new rule concerning [________________________________]
☐ Amend existing rule [____] CSR [________________________________]
☐ Rescind existing rule [____] CSR [________________________________]

This petition is filed pursuant to RSMo § 536.041, which provides that any person may petition an agency concerning rules. The Agency is required to submit a written response within 60 days of receipt, with copies furnished to the Joint Committee on Administrative Rules and the Commissioner of Administration.

Petitioner(s) respectfully request the Agency's timely response within the statutory 60-day period.

Respectfully submitted,

[________________________________]
[Printed Name]
[________________________________]
[Missouri Bar No., if applicable]
[________________________________]
[Firm/Organization Name]
[________________________________]
[Street Address]
[________________________________]
[City], Missouri [____]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

SECTION 2: FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________]

STATE OF MISSOURI

PETITION CONCERNING RULES
Filed Pursuant to RSMo § 536.041

Petition No.: [________________________________] (Agency to assign)
Date Filed: [__/__/____]

2.1 Petitioner Information

2.2 Nature of Petitioner's Interest

Petitioner files this petition as:

☐ An individual directly affected by the existing or proposed rule
☐ A business or entity regulated by the agency
☐ A trade association or professional organization
☐ A labor organization
☐ A public interest organization
☐ A local government entity
☐ An elected official
☐ Other interested person (describe): [________________________________]

Describe the specific nature of Petitioner's interest:

[________________________________]
[________________________________]
[________________________________]

2.3 Agency Identification

2.4 Action Requested

Petitioner requests that the Agency:

☐ Adopt a new rule under [____] CSR [________________________________]
☐ Continue without change existing rule [____] CSR [________________________________] (with explanation)
☐ Amend existing rule [____] CSR [________________________________]
☐ Rescind existing rule [____] CSR [________________________________]

Brief description of the requested action:

[________________________________]
[________________________________]
[________________________________]

SECTION 3: STATEMENT OF NEED

3.1 Current Problem or Deficiency

Describe the current regulatory gap, problem, or outdated provision:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

3.2 Persons or Entities Affected

Identify the persons, businesses, or entities adversely affected:

[________________________________]
[________________________________]
[________________________________]

3.3 Scope and Severity

Provide data, statistics, or specific examples:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

3.4 Inadequacy of Current Rules

Explain why existing rules are insufficient:

[________________________________]
[________________________________]
[________________________________]

3.5 RSMo § 536.175 Criteria

Under RSMo § 536.041, the agency must evaluate the petition using the criteria set forth in RSMo § 536.175(4). Address each criterion:

a. Whether the rule is necessary to protect the health, safety, and welfare of Missourians:
[________________________________]
[________________________________]

b. Whether there is a compelling governmental interest requiring the rule:
[________________________________]
[________________________________]

c. Whether the costs of the rule justify the benefits:
[________________________________]
[________________________________]

d. Whether the rule can be accomplished through less restrictive means:
[________________________________]
[________________________________]

3.6 Urgency

Describe any time-sensitive factors:

[________________________________]
[________________________________]

SECTION 4: PROPOSED RULE LANGUAGE

4.1 Full Text of Proposed Rule

(Use Missouri Code of State Regulations format. For amendments, use strikethrough for deletions and underline for additions.)

Rule [____] CSR [________________________________]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

4.2 Explanation of Proposed Text

4.3 Alternative Approaches Considered

[________________________________]
[________________________________]
[________________________________]

SECTION 5: LEGAL AUTHORITY ANALYSIS

5.1 Statutory Authority for Agency Rulemaking

Identify the specific statutory provisions authorizing the Agency:

5.2 Missouri APA Rulemaking Framework

• RSMo § 536.041 — Any person may petition an agency concerning rules; agency must respond within 60 days with determination and findings referencing § 536.175 criteria; copies to JCAR and Commissioner of Administration
• RSMo § 536.016 — Agency rulemaking standards; agencies must propose rules based on substantial evidence and demonstrate necessity
• RSMo § 536.021 — Notice of proposed rulemaking; publication in Missouri Register; minimum 30-day comment period; public hearing procedures
• RSMo § 536.025 — Filing requirements for adopted rules
• RSMo § 536.175 — Periodic review criteria for existing rules

5.3 Joint Committee on Administrative Rules (JCAR)

Under Missouri law, JCAR plays a significant oversight role:

• The agency must furnish copies of the petition and its response to JCAR
• JCAR may refer comments or recommendations to the General Assembly
• JCAR may grant extensions of time for agency responses upon good cause shown
• JCAR reviews all proposed and existing rules under RSMo § 536.028

5.4 Federal Law Considerations

☐ No federal law considerations apply
☐ The proposed rule is consistent with applicable federal law:

[________________________________]
[________________________________]

5.5 Consistency with Existing CSR Provisions

[________________________________]
[________________________________]
[________________________________]

SECTION 6: IMPACT ANALYSIS

6.1 Economic Impact

6.2 RSMo § 536.016 Analysis

Under RSMo § 536.016, agencies must propose rules based on substantial evidence and demonstrate necessity. Address:

Substantial evidence supporting the proposed rule:
[________________________________]
[________________________________]

Reasonably available empirical data considered:
[________________________________]
[________________________________]

Effectiveness and cost of the proposed rule:
[________________________________]
[________________________________]

6.3 Small Business Impact

Describe the impact on Missouri small businesses:

[________________________________]
[________________________________]
[________________________________]

6.4 Environmental Impact

☐ No environmental impact anticipated
☐ Environmental impact analysis:

[________________________________]
[________________________________]

6.5 Impact on State Fiscal Health

[________________________________]
[________________________________]

SECTION 7: PUBLIC INTEREST ARGUMENTS

7.1 Public Health and Safety

[________________________________]
[________________________________]
[________________________________]

7.2 Consumer Protection

[________________________________]
[________________________________]

7.3 Environmental Protection

[________________________________]
[________________________________]

7.4 Economic Development

[________________________________]
[________________________________]

7.5 Equity and Fairness

[________________________________]
[________________________________]

7.6 Government Accountability

[________________________________]
[________________________________]

7.7 Summary of Public Interest Factors

[________________________________]
[________________________________]
[________________________________]

SECTION 8: SUPPORTING EVIDENCE

8.1 Exhibit List

8.2 Types of Evidence Submitted

☐ Factual data and statistical analyses
☐ Technical studies or scientific reports
☐ Economic impact analyses
☐ Expert declarations or affidavits
☐ Stakeholder support letters
☐ Comparative analysis of other states' rules
☐ Federal regulatory comparisons
☐ Legislative history
☐ Agency guidance documents
☐ Court decisions
☐ Other: [________________________________]

8.3 Stakeholder Support

SECTION 9: FILING INSTRUCTIONS

9.1 Missouri-Specific Filing Requirements

☐ Address the petition to the agency head or designated rulemaking contact
☐ Include complete petitioner contact information
☐ Provide full proposed rule text in CSR format
☐ Attach all supporting exhibits
☐ Send via a method providing proof of delivery
☐ Retain a complete copy of the petition and all exhibits

9.2 Notice Effect

Under RSMo § 536.041, a written petition submitted in accordance with this section constitutes notice for purposes of RSMo § 536.021(9). This means the petition itself serves as a form of notice to the agency regarding the proposed rulemaking.

9.3 JCAR and Commissioner Notification

The agency (not the petitioner) is responsible for furnishing copies of the petition and its response to:

• Joint Committee on Administrative Rules (JCAR)
• Commissioner of Administration

However, as a matter of practice, the petitioner may wish to send courtesy copies to these entities.

9.4 Key Missouri Rulemaking Entities

9.5 Filing Checklist

☐ Petition is complete and signed
☐ Proposed rule text included in full
☐ Statement of need factually supported
☐ RSMo § 536.175 criteria addressed
☐ Legal authority citations verified
☐ All exhibits properly labeled and attached
☐ Cover letter addressed to correct agency official
☐ Proof of delivery arranged
☐ Copy retained for Petitioner's records
☐ Calendar reminder set for 60-day agency response deadline

SECTION 10: AGENCY RESPONSE REQUIREMENTS

10.1 Statutory Timeline

Under RSMo § 536.041, within 60 days of receipt, the agency must:

1. Submit a written response to the petitioner containing:
   - Its determination whether the rule should be adopted, continued without change, amended, or rescinded
   - A concise summary of the agency's specific facts and findings with respect to the criteria in RSMo § 536.175(4)

2. Furnish copies of the response (in electronic format) to:
   - The Joint Committee on Administrative Rules
   - The Commissioner of Administration

10.2 Extension of Time

Upon timely application, the Joint Committee on Administrative Rules may grant an extension of time for the agency to respond, upon good cause shown.

10.3 If the Agency Grants the Petition

If the agency determines the rule merits adoption, amendment, or rescission, it shall:

• Initiate proceedings under RSMo § 536.021 (notice and comment rulemaking)
• File a notice of proposed rulemaking with the Secretary of State
• Publish the notice in the Missouri Register
• Provide a minimum 30-day public comment period
• Conduct a public hearing if requested or required

10.4 JCAR Review

After receiving the agency's response, JCAR may:

• Refer comments or recommendations to the Missouri General Assembly for further action
• Request the agency to reconsider its determination
• Recommend legislative action

10.5 If the Agency Fails to Respond

If the agency does not respond within 60 days (and no extension has been granted):

• Send a formal follow-up letter demanding a response
• Contact JCAR to report the agency's failure to comply
• Contact the Commissioner of Administration
• Document the failure for potential judicial review

SECTION 11: APPEAL OF DENIAL

11.1 Judicial Review

Under Missouri law, denial of a rulemaking petition may be subject to judicial review:

• Governing Statute: RSMo § 536.150 (judicial review of agency action)
• Standard of Review: Whether the agency's decision was authorized by law, supported by competent and substantial evidence, and not arbitrary, capricious, or unreasonable
• Venue: Missouri Circuit Court in the county where the agency is located or Cole County
• Filing Deadline: Per applicable statute of limitations

11.2 Alternative Remedies After Denial

☐ Resubmit a revised petition addressing the agency's stated reasons for denial
☐ Request a meeting with the agency director
☐ Contact JCAR for legislative oversight and intervention
☐ Seek legislative action through the Missouri General Assembly
☐ Contact the Governor's Office for executive intervention
☐ File a petition for judicial review in Circuit Court
☐ Seek a writ of mandamus if the agency failed to respond

11.3 JCAR Legislative Referral

If the agency denies the petition, JCAR may refer the matter to the General Assembly with recommendations. This creates a legislative pathway for achieving the desired rule change even after agency denial.

11.4 Timeline Summary

SECTION 12: DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Researched the agency's specific rulemaking procedures
☐ Confirmed the agency has statutory authority for the proposed rule
☐ Verified no pending rulemaking addresses the same issue
☐ Checked the Missouri Register for related rulemaking activity
☐ Reviewed Missouri CSR formatting requirements
☐ Analyzed RSMo § 536.175 criteria
☐ Consulted with affected stakeholders
☐ Prepared economic impact data
☐ Had the petition reviewed by qualified Missouri counsel

Petition Package Contents

☐ Cover letter
☐ Formal Petition Concerning Rules (signed and dated)
☐ Statement of Need (including § 536.175 criteria analysis)
☐ Full proposed rule text in CSR format
☐ Legal authority analysis
☐ Impact analysis
☐ Public interest arguments
☐ Supporting exhibits
☐ Stakeholder support letters (if any)

SECTION 13: PRACTICE TIPS FOR MISSOURI PRACTITIONERS

Strategic Considerations

1. § 536.175 Criteria: The agency must evaluate the petition against the regulatory review criteria in § 536.175(4). Address these criteria directly in the petition to strengthen your position and make the agency's evaluation easier.

2. JCAR Leverage: Missouri gives JCAR substantial oversight authority. If the agency denies the petition, JCAR can refer the matter to the General Assembly. Build relationships with JCAR members early.

3. Notice Effect: Under § 536.041, the petition itself constitutes notice for purposes of § 536.021(9). This is a unique Missouri provision that gives the petition legal effect beyond a mere request.

4. Missouri Register: Monitor the Missouri Register for related rulemaking activity at sos.mo.gov/adrules/moreg.

5. Electronic Format: The agency must furnish copies of its response in electronic format to JCAR and the Commissioner. Request that the agency also provide you with an electronic copy.

6. Extension Watch: Be aware that JCAR may grant the agency an extension of the 60-day deadline upon good cause shown. Monitor for any extension requests.

7. Coalition Building: Petitions supported by multiple stakeholders, including regulated industry groups and public interest organizations, carry more weight.

8. Substantial Evidence Standard: Under § 536.016, agencies must propose rules based on "substantial evidence on the record." Frame your petition's evidence to meet this standard.

9. Agency Website Requirement: Under § 536.016, agencies must post proposed rules on their official websites. Monitor the agency's website for any related rulemaking activity.

Common Grounds for Denial

• Lack of statutory authority for the proposed rule
• The proposed rule conflicts with existing law
• The proposed rule fails the § 536.175 criteria
• Insufficient evidence of need
• The costs outweigh the benefits
• The agency is already addressing the issue
• Less restrictive alternatives exist
• Resource constraints

SECTION 14: VERIFICATION AND SIGNATURE

I, [________________________________], declare under penalty of perjury that the facts stated in this petition are true and correct to the best of my knowledge and belief.

Signature: _______________________________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

SECTION 15: SOURCES AND REFERENCES

Missouri Statutory Authorities

• RSMo § 536.041 — Petition Concerning Rules; Agency Response Required
• RSMo § 536.010 — Definitions (Administrative Procedure and Review)
• RSMo § 536.016 — Agency Rulemaking Standards; Substantial Evidence Requirement
• RSMo § 536.021 — Rulemaking Procedures; Notice of Proposed Rulemaking
• RSMo § 536.025 — Filing Requirements for Adopted Rules
• RSMo § 536.028 — JCAR Review of Rules
• RSMo § 536.150 — Judicial Review of Agency Action
• RSMo § 536.175 — Periodic Regulatory Review; Evaluation Criteria

Missouri Administrative Resources

• Missouri Secretary of State — Administrative Rules: https://www.sos.mo.gov/adrules
• Missouri Register: https://www.sos.mo.gov/adrules/moreg
• Code of State Regulations (CSR): https://www.sos.mo.gov/adrules/csr
• Joint Committee on Administrative Rules (JCAR): Missouri General Assembly
• Missouri Office of Administration: https://oa.mo.gov

Additional Resources

• Missouri Attorney General's Office — Advisory opinions on rulemaking authority
• Missouri Bar Association — Administrative law resources
• Missouri Revisor of Statutes: https://revisor.mo.gov

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review by a qualified Missouri attorney. Laws and regulations are subject to change; verify all citations before filing.