2021 Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 536 - Administrative Procedure and Review
Section 536.031 - Code to be published — to be revised monthly — incorporation by reference authorized.

Effective - 28 Aug 2019, 4 histories

536.031. Code to be published — to be revised monthly — incorporation by reference authorized. — 1. There is established a publication to be known as the "Code of State Regulations", which shall be published in a format and medium as prescribed by the secretary of state from time to time as determined by the secretary of state.

2. The code of state regulations shall contain the full text of all rules of state agencies in force and effect upon the effective date of the first publication thereof, and effective September 1, 1990, it shall be revised no less frequently than monthly thereafter so as to include all rules of state agencies subsequently made, amended or rescinded. The code may also include citations, references, or annotations, prepared by the state agency adopting the rule or by the secretary of state, to any intraagency ruling, attorney general's opinion, determination, decisions, order, or other action of the administrative hearing commission, or any determination, decision, order, or other action of a court interpreting, applying, discussing, distinguishing, or otherwise affecting any rule published in the code.

3. The code of state regulations shall be published in a format and medium as prescribed by the secretary of state.

4. 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 in the agency rules shall 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, except that:

(1) Hospital licensure regulations promulgated under this chapter and chapter 197 may incorporate by reference Medicare conditions of participation, as defined in section 197.005, and later additions or amendments to such conditions of participation; and

(2) Hospital licensure regulations governing life safety code standards promulgated under this chapter and chapter 197 to implement section 197.065 may incorporate, by reference, later additions or amendments to such rules, regulations, standards, or guidelines as needed to consistently apply current standards of safety and practice.

5. The agency adopting a rule, regulation, standard, or guideline under this section shall 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. The secretary of state may omit from the code of state regulations such material incorporated by reference in any rule the publication of which would be unduly cumbersome or expensive.

6. The courts of this state shall take judicial notice, without proof, of the contents of the code of state regulations.

­­--------

(L. 1975 S.B. 58 § 536.030, A.L. 1976 S.B. 478, A.L. 1989 H.B. 143, A.L. 2004 H.B. 1616 merged with S.B. 1100, A.L. 2016 S.B. 608 merged with S.B. 635 merged with S.B. 973, A.L. 2018 H.B. 2183 merged with S.B. 951, A.L. 2019 H.B. 1088)