319.137. Rules, authority to adopt federal rules or to provide more stringent rules, when--procedure to promulgate.
Rules, authority to adopt federal rules or to provide more stringentrules, when--procedure to promulgate.
319.137. 1. Rules and regulations promulgated by the United StatesEnvironmental Protection Agency under subtitle I of the federal ResourceConservation Recovery Act of 1976 (P.L. 94-580), as amended, may be adoptedby the department by reference. The department may adopt rules andregulations that are more stringent than those issued by the United StatesEnvironmental Protection Agency if such rules or regulations are necessaryto protect human health or the environment. Rules and regulationspromulgated under sections 319.100 to 319.139 shall be submitted to andreviewed by the advisory committee established by subsection 2 of section319.131 prior to publication. Any such rule, except those promulgated bythe petroleum storage tank insurance fund board of trustees, shall beadopted only after due notice and public hearing in accordance with theprovisions of this section, chapter 260, RSMo, and chapter 536, RSMo.
2. No rule or portion of a rule promulgated under the authority ofsections 319.100 to 319.139 shall become effective until it has beenapproved by the joint committee on administrative rules in accordance withthe procedures provided herein, and the delegation of the legislativeauthority to enact law by the adoption of such rules is dependent upon thepower of the joint committee on administrative rules to review and suspendrules pending ratification by the senate and the house of representativesas provided herein.
3. Upon filing any proposed rule with the secretary of state, thefiling agency shall concurrently submit such proposed rule to thecommittee, which may hold hearings upon any proposed rule or portionthereof at any time.
4. A final order of rulemaking shall not be filed with the secretaryof state until thirty days after such final order of rulemaking has beenreceived by the committee. The committee may hold one or more hearingsupon such final order of rulemaking during the thirty-day period. If thecommittee does not disapprove such order of rulemaking within thethirty-day period, the filing agency may file such order of rulemaking withthe secretary of state and the order of rulemaking shall be deemedapproved.
5. The committee may, by majority vote of the members, suspend theorder of rulemaking or portion thereof by action taken prior to the filingof the final order of rulemaking only for one or more of the followinggrounds:
(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 lawupon which the proposed rule is based;
(5) That the rule is arbitrary and capricious.
6. If the committee disapproves any rule or portion thereof, thefiling agency shall not file such disapproved portion of any rule with thesecretary of state and the secretary of state shall not publish in theMissouri Register any final order of rulemaking containing the disapprovedportion.
7. If the committee disapproves any rule or portion thereof, thecommittee shall report its findings to the senate and the house ofrepresentatives. No rule or portion thereof disapproved by the committeeshall take effect so long as the senate and the house of representativesratify the act of the joint committee by resolution adopted in each housewithin thirty legislative days after such rule or portion thereof has beendisapproved by the joint committee.
8. Upon adoption of a rule as provided herein, any such rule orportion thereof may be suspended or revoked by the general assembly eitherby bill or, pursuant to section 8, article IV of the constitution, byconcurrent resolution upon recommendation of the joint committee onadministrative rules. The committee shall be authorized to hold hearingsand make recommendations pursuant to the provisions of section 536.037,RSMo. The secretary of state shall publish in the Missouri Register, assoon as practicable, notice of the suspension or revocation.
(L. 1989 H.B. 77, et al. § 14, A.L. 1993 S.B. 52, A.L. 1995 H.B. 251 and S.B. 3, A.L. 2004 S.B. 901)