HCS HB 576 -- SMALL BUSINESS

This bill changes the laws regarding the Small Business
Regulatory Fairness Board and the procedures necessary for
obtaining judicial review of administrative decisions.

Currently, the board is allowed to conduct hearings and solicit
input from business owners regarding government agencies' rules
or proposed rules, after which the board provides input to the
agencies creating the rules.  The bill requires, rather than
allows, the board to carry out these functions.

Currently, any person may petition an agency for the adoption,
amendment, or repeal of a rule.  The bill requires the agency to
submit a written response to these petitions to the board within
60 days of the receipt of the petition.  If the agency determines
that no change in a rule is needed, any small business affected
by the rule may seek a review by the board.

Each agency promulgating a rule that affects small business must
submit, every two years, a list of these rules to the General
Assembly and the board.  The agency must also submit reports
explaining why any rule should be continued.

Within 45 days of being notified by the board of a rule that has
generated complaints from small businesses, the agency must
submit a written response to the board.

Any small business that is adversely affected by a final action
of the agency has the right to sue in circuit court for
compliance with the procedures specified in the bill.  These
suits must be commenced within one year of a rule becoming final.

The bill also specifies that if an agency fails to issue a final
decision on a contested case within either 60 days after the
conclusion of a hearing or within 180 days after the receipt by
the agency of a written request for the issuance of a final
decision, whichever time is earlier, the person is considered to
have exhausted all administrative remedies and is entitled to
judicial review in circuit court.  The court is allowed to
conduct a de novo review of the agency's decision upon
application of any party when the action of the agency under
review involves only the application of the law to the facts by
the agency.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:19 pm