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Title XXXVI STATUTORY ACTIONS AND TORTS

  Chapter 536back to chapter 536

  536.041.  Any person may petition agency concerning rules, agency must furnish copy to committee on administrative rules and commissioner of administration together with its action — agency recommendations, procedure. — Any person may file a written petition with an agency requesting the adoption, amendment or repeal of any rule.  Any agency receiving such a petition or other request in writing to adopt, amend or repeal any rule shall forthwith furnish a copy thereof to the joint committee on administrative rules and to the commissioner of administration.  Within sixty days after the receipt of the petition, the agency shall submit a written response to the petitioner and copies of the response, in electronic format, to the joint committee on administrative rules and to the commissioner of administration, containing its determination whether such rule should be adopted, continued without change, amended, or rescinded, together with a concise summary of the state agency's specific facts and findings with respect to the criteria set forth in subsection 4 of section 536.175.  If the agency determines the rule merits adoption, amendment, or rescission, it shall initiate proceedings in accordance with the applicable requirements of this chapter.  The joint committee may refer comments or recommendations concerning such rule to the general assembly for further action.  Upon timely application, the joint committee on administrative rules may grant, upon good cause shown, an extension of time to answer a petition.  A written petition submitted in accordance with this section shall constitute notice for purposes of subsection 9 of section 536.021.

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(L. 1975 S.B. 58 § 536.040, A.L. 1976 S.B. 728, A.L. 1997 H.B. 850, A.L. 2012 H.B. 1135 merged with S.B. 469)


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