PURPOSE: This rule provides a procedure for
rulemaking, and petitioning for rulemaking, pursuant to Chapter 536,
RSMo.
(1)
Promulgation, amendment, or rescission of rules may be initiated by the
commission through an internally-generated rulemaking case, or pursuant to a
rulemaking petition filed with the commission.
(2) Petitions for promulgation, amendment, or
rescission of rules shall be filed with the secretary of the commission in
writing and shall include:
(A) The name,
street address, and mailing address of the petitioner;
(B) One (1) of the following:
1. The full text of the rule sought to be
promulgated;
2. The full text of
any rule sought to be amended, including the suggested amendments clearly
marked; or
3. The full number of
any rule sought to be rescinded;
(C) A statement of petitioner's reasons in
support of the promulgation, amendment, or rescission of the rule, including a
statement of all facts pertinent to petitioner's interest in the
matter;
(D) Citations of legal
authority which authorize, support, or require the rulemaking action requested
by the petition;
(E) An estimation
of the effect of the rulemaking on private persons or entities with respect to
required expenditures of money or reductions in income, sufficient to form the
basis of a fiscal note as required under Chapter 536, RSMo; and
(F) A verification of the petition by the
petitioner by oath.
(3)
The commission shall either deny the petition in writing, stating the reasons
for its decision, or shall initiate rulemaking in accordance with Chapter 536,
RSMo.
(4) The commission shall
comply with the notice provisions of section
536.041, RSMo, upon the disposal
of any rulemaking petition.
(5)
When the commission decides to promulgate, amend, or rescind a rule, it shall
comply with the requirements for rulemaking in Chapter 536, RSMo.
(6) Persons filing written comments or
testifying or commenting at the hearing need not be represented by counsel, but
may be represented if they choose.
(7) Hearings on rulemakings may be for
commissioner questions or for the taking of initial or reply
comments.
(8) Hearings for the
taking of initial or reply comments on rulemakings shall proceed as follows:
(A) A commissioner or presiding officer shall
conduct the hearing, which shall be transcribed by a reporter;
(B) Neither written nor oral comments need to
be sworn, but testimony shall be taken under oath or affirmation;
(C) Persons testifying or commenting at a
hearing may give a statement in support of or in opposition to a proposed
rulemaking. The commissioners or the presiding officer may question those
persons testifying or commenting;
(D) Statements shall first be taken from
those supporting a proposed rule, followed by statements from those opposing
the rule, unless otherwise directed by the presiding officer;
(E) Persons testifying or commenting may
offer exhibits in support of their positions; and
(F) The commission may, at the hearing, hold
the hearing open for a specified period if it determines extension is
reasonably necessary to elicit material information.
(9) In compliance with the requirements of
Chapter 536, RSMo, the commission shall either-
(A) Adopt the proposed rule or proposed
amendment as set forth in the notice of proposed rulemaking without further
change;
(B) Adopt the proposed rule
or proposed amendment with further changes;
(C) Adopt the proposed rescission of the
existing rule; or
(D) Withdraw the
proposed rule.
