640.674. Rulemaking authority, procedure.

MISSOURI STATUTES AND CODES

640.674. Rulemaking authority, procedure.

Rulemaking authority, procedure.

640.674. 1. Under the provisions of sections 640.651 to 640.686, thedepartment shall establish such procedures, policies and qualifications as maybe necessary for the administration of sections 640.651 to 640.686. Thedepartment shall promulgate administrative rules that ensure an equitabledistribution of funds among the energy using sectors. The department mayestablish interest rates. The department may develop rules relevant only tocertain sectors or entities to assure an equitable program.

2. No rule or portion of a rule promulgated under the authority ofsections 640.651 to 640.686 shall become effective until it has been approvedby the joint committee on administrative rules in accordance with theprocedures provided in this section, 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 representatives asprovided in this section.

3. Upon filing any proposed rule with the secretary of state thedepartment shall concurrently submit such proposed rule to the committee,which may hold hearings upon any proposed rule or portion thereof at any time.

4. A final order of rulemaking shall not be filed with the secretary ofstate until thirty days after such final order of rulemaking has been receivedby the committee. The committee may hold one or more hearings upon such finalorder of rulemaking during the thirty-day period. If the committee does notdisapprove such order of rulemaking within the thirty-day period, thedepartment may file such order of rulemaking with the secretary of state andthe order of rulemaking shall be deemed approved.

5. The committee may, by majority vote of the members, suspend the orderof rulemaking or portion thereof by action taken prior to the filing of thefinal order of rulemaking only for one or more of the following grounds:

(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 law uponwhich the proposed rule is based.

6. If the committee disapproves any rule or portion thereof, thedepartment 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 in this section, any such rule orportion thereof may be suspended or revoked by the general assembly either bybill or, pursuant to section 8, article IV of the Constitution of Missouri, byconcurrent resolution upon recommendation of the joint committee onadministrative rules. The committee shall be authorized to hold hearings andmake recommendations pursuant to the provisions of section 536.037, RSMo. Thesecretary of state shall publish in the Missouri Register, as soon aspracticable, notice of the suspension or revocation.