2021 Missouri Revised Statutes
Title VIII - Public Officers and Employees, Bonds and Records
Chapter 105 - Public Officers and Employees — Miscellaneous Provisions
Section 105.598 - Rulemaking authority.
Effective - 28 Aug 2018
*105.598. Rulemaking authority. — The board may promulgate rules necessary to implement the provisions of sections 105.500 to 105.595. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2018, shall be invalid and void.
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(L. 2018 H.B. 1413)
*Revisor's Note: On June 1, 2021, this section was declared unconstitutional in Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, SC 98412 (Mo.banc).
(2021) House Bill 1413 enacting section in 2018 held invalid as violation of equal protection clause of Article I, Section 2 of state constitution; section as enacted could not be severed from rest of bill. Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, SC98412 (Mo.banc).
