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The 1997 Administrative Law & Rules
Crisis:
A look back...
In
January of 1997, the Missouri Supreme Court handed down its
decision in Missouri Coalition for the Environment v.
Joint Committee on Administrative Rules.
In
Coalition for the Environment, the Missouri Supreme
Court declared unconstitutional the unilateral veto by the
legislative branch of executive branch administrative rules.
The court held that the Missouri legislature could only alter
administrative rules if the change was passed as a bill and
presented to the Governor for signature or veto. The decision
stripped the Missouri General Assembly's Joint Committee on
Administrative Rules of its authority to suspend agency rulemakings,
a powerful check on executive branch authority.
The case spawned several weeks of intense friction
between the two branches. The General Assembly searched for
ways to maintain control over administrative rules, consistent
with the decision. It even considered repealing all administrative
rules powers previously granted to the executive branch. At
the same time, the executive branch sought to preserve its
powers under the decision.
In the end, the two branches
forged a compromise that endures to this day. Under the compromise,
Missouri executive branch departments continue to enjoy administrative
rulemaking authority. In return, the executive branch requires
by Governor’s Executive Order that its departments temporarily
suspend a rulemaking if the Joint Committee on Administrative
Rules requests it. The temporary suspension gives the legislature
time to consider formal repeal of the rulemaking, with presentment
of the repeal to the Governor for signature or veto.
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