Missouri Revised Statutes













Chapter 376

Life, Health and Accident Insurance

←376.1389

Section 376.1399.1

376.1400→

August 28, 2015

Rules, effective, when--rules invalid and void, when.

376.1399. Any rule or portion of a rule promulgated pursuant to this act

shall become effective only as provided pursuant to chapter 536, including,

but not limited to, section 536.028, if applicable, after August 28, 1997. All

rulemaking authority delegated prior to August 28, 1997, is of no force and

effect and repealed. The provisions of this section are nonseverable and if

any of the powers vested with the general assembly pursuant to section

536.028, if applicable, to review, to delay the effective date, or to

disapprove and annul a rule or portion of a rule are held unconstitutional or

invalid, the purported grant of rulemaking authority and any rule so proposed

and contained in the order of rulemaking shall be invalid and void.



(L. 1997 H.B. 335, A.L. 1997 H.B. 600, et al., § 376.1399 and § 14,

A.L. 2007 S.B. 613 Revision)





1997



1997



376.1399. 1. Any rule or portion of a rule promulgated pursuant to

this act** shall become effective only as provided pursuant to chapter 536,

RSMo, including, but not limited to, section 536.028, RSMo, if applicable,

after August 28, 1997. All rulemaking authority delegated prior to August

28, 1997, is of no force and effect and repealed. The provisions of this

section are nonseverable and if any of the powers vested with the general

assembly pursuant to section 536.028, RSMo, if applicable, to review, to

delay the effective date, or to disapprove and annul a rule or portion of a

rule are held unconstitutional or invalid, the purported grant of

rulemaking authority and any rule so proposed and contained in the order of

rulemaking shall be invalid and void.



2. In any action challenging any rule promulgated pursuant to the

provisions of this act**, the agency as defined in section 536.010, RSMo,

promulgating such rule shall be required to prove by a preponderance of the

evidence that the rule or threatened application of the rule is valid, is

authorized by law, is not in conflict with any law and is not arbitrary and

capricious.



3. The court shall award reasonable fees and expenses as defined in

section 536.085, RSMo, to any party who prevails in such action.



4. All rules promulgated pursuant to the provisions of this section

shall expire on August twenty-eighth of the year after the year in which

the rule became effective unless the general assembly extends by statute

the rule or set of rules beyond that date to a date specified by the

general assembly.



5. Any rulemaking authority granted pursuant to the provisions of

this act** is subject to any rulemaking authority contained in chapter 536,

RSMo, including any subsequent amendments to chapter 536, RSMo.



6. The provisions of subsections 2 through 5 of this section shall

terminate if legislation amending the provisions of section 536.024, RSMo,

has been signed into law prior to August 28, 1997.



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