What is the easiest way for an agency to obtain the current rule text in Word format to use in preparing amendments to an administrative rule?
Current rule text in Word format is available on the Secretary of State’s (SOS) Administrative Rule Division website at https://www.sos.mo.gov/adrules/agency.
Where can I find the fiscal note forms, affidavit and transmittal sheet I need to complete for filing a rule?
Copies of the fiscal note forms, affidavit, and transmittal form are available at /adrules/forms. The forms may be downloaded, completed and saved as a document in your system prior to submission to SOS.
May I use email to submit an electronic copy of the rule text rather than providing a diskette or CD?
Yes. You may email an electronic Word copy of the rule, in lieu of making a diskette or CD, to firstname.lastname@example.org to filing the original and paper copy(ies) with the Joint Committee on Administrative Rules (JCAR) and Secretary of State (SOS) Administrative Rules Division.
What is required to be contained in the rulemaking packet filed with Joint Committee on Administrative Rules and the Secretary of State’s office?
The rule packet should contain in this order– (1) a completed transmittal sheet, (2) a certification letter addressed to SOS for the SOS packets and a certification letter addressed to JCAR for the JCAR packet, (3) a public cost affidavit, (4) a hard copy of the rule text, (5) public cost fiscal note if applicable, (6) private cost fiscal note if applicable, and (7) forms or other included herein materials if applicable. Remember to email an electronic Word copy of the rule text and fiscal notes, when applicable, prior to filing the rulemaking packets with JCAR and SOS to email@example.com or bring an electronic copy of these documents on diskette or CD to SOS at the time of filing.
Does the Secretary of State’s office have any format requirements for the rules?
The Secretary of State’s office requires (1) 11 or 12 point type for the rule text, (2) use of only one side of the paper, and (3) a JCAR stamp (always required) and a Small Business Regulatory Fairness Board stamp (if applicable) on the transmittal and on each original and copy of every rule filing. Amendments are required to have brackets and italics for deleted text and bold type for new text.
When is a state agency required to submit a copy of proposed rules, amendments to rules, or rescissions of rules to the Missouri Small Business Regulatory Fairness Board?
Prior to submitting proposed rules, amendments, or rescissions, the state agency shall determine whether the proposed rule, amendment, or rescission affects small businesses. A rule affects small business if it will “cause direct and significant economic burden upon a small business or minority small business” or if it “is directly related to the formation, operation, or expansion of a small business.” See sections 536.010(1) and 536.300, RSMo Supp. 2005. For any proposed rules that affect small businesses, the agency shall submit a small business statement as part of the rulemaking packet. See section 536.303, RSMo Supp. 2005.
Where may the agency obtain a copy of a small business impact statement form?
A form that may be used to complete the small business impact statement is available on the Missouri Small Business Regulatory Fairness Board website at: http://www.sbrfb.ded.mo.gov
How many copies of a proposed, amended or rescinded rule do I need to file with the Joint Committee on Administrative Rules and the Secretary of State’s Administrative Rules Division?
One complete rulemaking packet must be filed with JCAR.
For the SOS, you must file the original and one copy of the rulemaking packet. Both the original and copy of the rulemaking packet must contain a JCAR stamp. Please remember to bring as many copies of the rule packet that you would like date stamped to take back to your agency.
Is the number of copies I need to file with the Secretary of State’s Administrative Rules Division different when filing an emergency rule?
Yes. Emergency rules require an original and two (2) copies for the SOS.
When is an agency required to file a public fiscal note?
A public fiscal note must be filed if proposed rule, amendment or rescission to a rule will require or result in an expenditure of public funds by or a reduction of public revenues for the proposing agency or any other state agency or any political subdivision which is estimated to cost more than five hundred dollars in the aggregate (over the lifetime of the rule) to any such agency or political subdivision. The public fiscal note must provide a detailed estimated cost of compliance for each affected agency or each class of affected political subdivision and be supported by an affidavit by the director of the department that the estimated cost is reasonably accurate. If the proposed rule, amendment or rescission is estimated to cost less than five hundred dollars in the aggregate, then the agency must file affidavit by the department director to that effect. Fiscal note forms and affidavits are available on line at /adrules/forms.
When is an agency required to file a private fiscal note?
A private fiscal note must be filed if a proposed rule, or amendment or rescission of a rule will require an expenditure of money by or reduction in income for any person, firm, corporation, association, partnership, proprietorship or business entity of any kind or character estimated which is estimated to cost more than five hundred dollars in the aggregate(over the lifetime of the rule). The private fiscal note must provide an estimate of the number of persons or business entities by class that would be affected, a classification by types of the business entities in such manner to give reasonable notice of the number and kind of business affected, and an estimate in the aggregate for the cost of compliance for the affected entities. Fiscal note forms and affidavits are available on line at /adrules/forms.
May an agency with cost estimates of more than five hundred dollars indicate in its public and private fiscal note(s) and affidavit(s) that the public or private entity cost is undetermined rather than providing actual cost calculations?
No. The state agency must provide actual cost calculations and projections in the aggregate (over the lifetime of the rule) for all agencies, political subdivisions, persons or business entities affected by the rule or the rule will be void and of no further force and effect. Some agencies do so by providing a first year cost and then estimated annual costs thereafter for the lifetime of the rule. See: Missouri Hospital Association v. Air Conservation Commission, 874 S.W.2d 380 (Mo. App. W.D.1994).
What entities are considered political subdivisions for which a state agency must calculate costs in a public cost fiscal note when filing a rule, rule amendment or rule rescission?
Section 536.200, RSMo provides that a political subdivision includes counties, cities, towns, and villages, and school, road, drainage, sewer, water, levee, or any other special purpose district.
What is incorporated by reference material? Where can I find incorporated by reference material?
According to section 536.031.4, RSMo Supp. 2006, 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 to the material incorporated in the rule must 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.”
The agency incorporating a rule, regulation, standard, or guideline must 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. Materials incorporated by reference must be on permanent file with the agency and may not be discarded when the materials are updated.
What is the difference in meaning between incorporated by reference material and included herein material?
If material is referred to as “included herein” then the material must actually accompany the rule and be published with it.
How does the public submit comments to an agency regarding proposed rules, proposed amendment to rules or the proposed rescission of rules?
Comments are submitted to the agency proposing the rule or rule changes. The text of the proposed rule, amendment or rescission will provide name and address of the agency or entity where comments must be filed and the deadline for submitting such comments.
Comments are not filed directly with the Secretary of State (SOS) Administrative Rules Division.
Once an agency has received all comments to a proposed rule, what is the next step in the rulemaking process?
The agency prepares a final order of rulemaking that includes summaries of all the comments received, the agency response to each comment, and any changes made to the proposed rule as a result of the comments. Similar comments may be consolidated into one comment as part of the final order of rulemaking.
When is the final order of rulemaking filed with SOS?
The final order of rulemaking must be filed with the Secretary of State no later than ninety days from the date for filing public comment, or within ninety days after hearing if a hearing is held on the proposed rulemaking, or it will become void and the process will have to start over. Prior to filing with the SOS, the final order must be filed first with the JCAR for their thirty days review period.
After the final order of rulemaking is filed with the Secretary of State, when does the new rule or rule change(s) become effective?
The new rule or rule change becomes effective thirty days after the final order of rulemaking is published in the Code of State Regulations.