Missouri Register Volume 32 Number 1, January 2, 2007

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by  Missouri Secretary of State, Administrative Rules Division

Volume 32, Number 1
Pages 1–122
January 2, 2007
S A L U S P O P U L I S U P R E M A L E X E S T O
“The welfare of the people shall be the supreme law.”
R o b i n C a r n a h a n
Secretary of State
M I S S O U R I
R E G I S T E R
The Missouri Register is an official publication of the state of Missouri, under the authority granted
to the secretary of state by sections 536.015, RSMo Supp. 2005 and 536.033, RSMo 2000.
Reproduction of rules is allowed; however, no reproduction shall bear the name Missouri Register or
“official” without the express permission of the secretary of state.
The Missouri Register is published semi-monthly by
S S
ECRETARY OF TATE
Robin Carnahan
Administrative Rules Division
James C. Kirkpatrick State Information Center
600 W. Main
Jefferson City, MO 65101
[phone]
DIRECTOR
WAYLENEW. HILES
·
EDITORS
BARBARAMCDOUGAL · JAMESMCCLURE
ASSOCIATE EDITORS
CURTISW. TREAT SALLYL. REID
·
PUBLISHING STAFF
WILBURHIGHBARGER JACQUELINED. WHITE
ISSN 0149-2942, USPS 320-630; periodical postage paid at Jefferson City, MO
Subscription fee: $56.00 per year
POSTMASTER: Send change of address notices and undelivered copies to:
MISSOURI REGISTER
Office of the Secretary of State
Administrative Rules Division
PO Box 1767
Jefferson City, MO 65102
The Missouri Register and Code of State Regulations (CSR) are now available on the Internet. The Register address is
http://www.sos.mo.gov/adrules/moreg/moreg.asp and the CSR is http://www.sos.mo.gov/adrules/csr/csr.asp. These websites contain
rulemakings and regulations as they appear in the Registers and CSR. These websites do not contain the official copies of the Registers
and CSR. The official copies remain the paper copies published by the Office of the Secretary of State pursuant to sections 536.015
and 536.031, RSMo Supp. 2005. While every attempt has been made to ensure accuracy and reliability, the Registers and CSR are
presented, to the greatest extent practicable as they appear in the official publications. The Administrative Rules Division may be con-
tacted by e-mail at [email protected].
The secretary of state’s office makes every effort to provide program accessibility to all citizens without regard to disability. If you desire
this publication in alternate form because of a disability, please contact the Division of Administrative Rules, PO Box 1767, Jefferson
City, MO 65102, [phone]. Hearing impaired citizens should contact the director through Missouri relay, [phone].
M R
ISSOURI EGISTER
January 2, 2007 Vol. 32 No. 1 Pages 1–122
II TT II ::
NN HHIISS SSSSUUEE
EMERGENCY RULES Department of Elementary and Secondary Education
Department of Public Safety Division of School Improvement . . . . . . . . . . . . . . . . . . .94
Missouri Gaming Commission . . . . . . . . . . . . . . . . . . . . .5 Teacher Quality and Urban Education . . . . . . . . . . . . . . .94
Department of Natural Resources
EXECUTIVE ORDERS . . . . . . . . . . . . . . . . . . . . .6 Solid Waste Management . . . . . . . . . . . . . . . . . . . . . . .95
Department of Public Safety
PROPOSED RULES Missouri Gaming Commission . . . . . . . . . . . . . . . . . . . .96
Department of Economic Development Department of Social Services
Small Business Regulatory Fairness Board . . . . . . . . . . . . .9 Division of Medical Services . . . . . . . . . . . . . . . . . . . . .96
Division of Motor Carrier and Railroad Safety . . . . . . . . .15
IN ADDITIONS
Department of Elementary and Secondary Education
Division of Administrative and Financial Services . . . . . . .26 Department of Transportation
Division of School Improvement . . . . . . . . . . . . . . . . . . .33 Missouri Highways and Transportation Commission . . . . . .98
Department of Natural Resources Department of Insurance, Financial Institutions
Air Conservation Commission . . . . . . . . . . . . . . . . . . . .39 and Professional Registration
Petroleum Storage Tank Insurance Fund Board of State Board of Pharmacy . . . . . . . . . . . . . . . . . . . . . . . .99
Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
Department of Public Safety DISSOLUTIONS . . . . . . . . . . . . . . . . . . . . . . . . .100
Division of Fire Safety . . . . . . . . . . . . . . . . . . . . . . . . .45
SOURCE GUIDES
Missouri Gaming Commission . . . . . . . . . . . . . . . . . . . .55
Department of Insurance, Financial Institutions and RULECHANGESSINCEUPDATE . . . . . . . . . . . . . . . .102
Professional Registration EMERGENCY RULES IN EFFECT . . . . . . . . . . . . . . . .110
Missouri Board for Architects, Professional Engineers, EXECUTIVE ORDERS . . . . . . . . . . . . . . . . . . . . . . . . .112
Professional Land Surveyors, and Landscape Architects . . .55 REGISTERINDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . .114
State Committee of Dietitians . . . . . . . . . . . . . . . . . . . . .58
State Board of Optometry . . . . . . . . . . . . . . . . . . . . . . .58
Real Estate Appraisers . . . . . . . . . . . . . . . . . . . . . . . . .63
ORDERS OF RULEMAKING
Department of Agriculture
Office of the Director . . . . . . . . . . . . . . . . . . . . . . . . . .93
Register Register Code Code
Filing Deadlines Publication Date Publication Date Effective Date
November 1, 2006 December 1, 2006 December 31, 2006 January 30, 2007
November 15, 2006 December 15, 2006 December 31, 2006 January 30, 2007
December 1, 2006 January 2, 2007 January 29, 2007 February 28, 2007
December 15, 2006 January 16, 2007 January 29, 2007 February 28, 2007
January 2, 2007 February 1, 2007 February 28, 2007 March 30, 2007
January 16, 2007 February 15, 2007 February 28, 2007 March 30, 2007
February 1, 2007 March 1, 2007 March 31, 2007 April 30, 2007
February 15, 2007 March 15, 2007 March 31, 2007 April 30, 2007
March 1, 2007 April 2, 2007 April 30, 2007 May 30, 2007
March 15, 2007 April 16, 2007 April 30, 2007 May 30, 2007
April 2, 2007 May 1, 2007 May 31, 2007 June 30, 2007
April 16, 2007 May 15, 2007 May 31, 2007 June 30, 2007
May 1, 2007 June 1, 2007 June 30, 2007 July 30, 2007
May 15, 2007 June 15, 2007 June 30, 2007 July 30, 2007
June 1, 2007 July 2, 2007 July 31, 2007 August 30, 2007
June 15, 2007 July 16, 2007 July 31, 2007 August 30, 2007
July 2, 2007 August 1, 2007 August 31, 2007 September 30, 2007
July 16, 2007 August 15, 2007 August 31, 2007 September 30, 2007
August 1, 2007 September 4, 2007 September 30, 2007 October 30, 2007
August 15, 2007 September 17, 2007 September 30, 2007 October 30, 2007
Documents will be accepted for filing on all regular workdays from 8:00 a.m. until 5:00 p.m. We encourage early filings to facilitate the timely publication of the
Missouri Register. Orders of Rulemaking appearing in the Missouri Registerwill be published in the Code of State Regulations and become effective as listed in the
chart above. Advance notice of large volume filings will facilitate their timely publication. We reserve the right to change the scheduledue to special circumstances.
Please check the latest publication to verify that no changes have been made in this schedule.To review the entire year’s schedule, please check out the website at
http://www.sos.mo.gov/adrules/pubsched.asp
Missouri Participating Libraries
The Missouri Register and theCode of State Regulations, as required by the Missouri Documents Law (section 181.100, RSMo Supp. 2005), are
available in the listed participating libraries, as selected by the Missouri State Library:
Jefferson County Library Learning Resources Center Missouri Western State College Library
PO Box 1486, 3021 High Ridge Mineral Area College Hearnes Learning Resources Ctr. University of Missouri-Rolla
High Ridge, MO 63049-1486 PO Box 1000 4525 Downs Drive 1870 Miner Circle
[phone] Park Hills, MO 63601-1000 St. Joseph, MO 64507-2294 Rolla, MO 65409-0060
[phone] [phone] [phone]
Jefferson College Library
1000 Viking Drive Cape Girardeau Public Library Library Lebanon-Laclede County Library
Hillsboro, MO 63050-2441 711 N. Clark North Central Missouri College 135 Harwood Ave.
[phone] ext. 160 Cape Girardeau, MO 63701-4400 PO Box 111, 1301 Main Street Lebanon, MO 65536-3017
St. Louis Public Library [phone] Trenton, MO 64683-0107 [phone]
1301 Olive St. Kent Library [phone] ext. 325
University Library
St. Louis, MO 63103-2389 Southeast Missouri State University
[phone] One University Plaza Missouri Southern State University Southwest Baptist University
1600 University Ave.
Cape Girardeau, MO 63701-4799 Spiva Library
St. Louis University Law Library [phone] 3950 East Newman Road Bolivar, MO 65613-2597
3700 Lindell Blvd. Joplin, MO 64801-1595 [phone]
St. Louis, MO 63108-3478 Riverside Regional Library [phone]
[phone] PO Box 389, 204 South Union St. Barry-Lawrence Regional Library
Jackson, MO 63755-0389 Missouri State Library 213 6th St.
Eden Theological Seminary/ [phone] 600 West Main, PO Box 387 Monett, MO 65708-2147
Webster University [phone]
Jefferson City, MO 65102-0387
Eden/Webster Library Rutland Library
[phone]
475 East Lockwood Ave. Three Rivers Community College Lyons Memorial Library
St. Louis, MO 63119-3192 2080 Three Rivers Blvd. College of the Ozarks
[phone] ext. 7812 Poplar Bluff, MO 63901-2393 Missouri State Archives General Delivery
[phone] 600 West Main, PO Box 778 Point Lookout, MO 65726-9999
Thomas Jefferson Library Jefferson City, MO 65102-0778
[phone] ext. 3551
University of Missouri-St. Louis James C. Kirkpatrick Library [phone]
8001 Natural Bridge Road Central Missouri State University
Garnett Library
St. Louis, MO 63121-4499 142 Edwards Library Elmer Ellis Library Southwest Missouri State University
[phone] Warrensburg, MO 64093-5020 University of Missouri-Columbia 304 Cleveland
[phone]
106 B Ellis Library West Plains, MO 65775-3414
Washington University
Washington University Law Library Kansas City Public Library Columbia, MO 65211-5149 [phone]
Campus Box 1171, Mudd Bldg., 14 West 10th Street [phone]
One Brookings Dr. Kansas City, MO 64105 Springfield-Greene County Library
St. Louis, MO 63130-4899 [phone] Library 4653 S. Campbell
[phone] State Historical Society of Missouri Springfield, MO 65801-0760
Law Library 1020 Lowry St. [phone]
St. Louis County Library University of Missouri-Kansas City Columbia, MO 65211-7298
1640 S. Lindbergh Blvd. 5100 Rockhill Road [phone] Meyer Library
St. Louis, MO 63131-3598 Kansas City, MO 64110-2499 Southwest Missouri State University
[phone] ext. 247 [phone] Daniel Boone Regional Library PO Box 175, 901 S. National
M13a5r5y0v iClloen Uwnaiyv eRrsoiatyd Library UMnililveerr Nsitiych oofl sM Lisibsoraurryi-Kansas City PCOol uBmoxb i1a,2 M67O, 1 60502 W05e-s1t2 B67roadway S(4p1r7in) g8f3ie6l-d4, 5M33O 65804-0095
St. Louis, MO 63141-7232 5100 Rockhill Road [phone] ext. 359
[phone] Kansas City, MO 64110-2499
[phone] School of Law
St. Charles City-County Library University of Missouri-Columbia
Middendorf-Kredell Branch B.D. Owens Library 224 Hulston Hall
2750 Hwy K Northwest Missouri State University Columbia, MO 65211-0001
O’Fallon, MO 63366-7859 800 University Drive [phone]
[phone] Maryville, MO 64468-6001
[phone]
Truman State University Central Methodist College
Pickler Memorial Library St. Joseph Public Library Smiley Memorial Library
100 E. Normal 927 Felix Street 411 Central Methodist Square
Kirksville, MO 63501-4221 St. Joseph, MO 64501-2799 Fayette, MO 65248-1198
[phone] [phone] [phone]
HOW TO CITE RULES AND RSMo
RULES—Cite material in the Missouri Register by volume and page number, for example, Vol. 28, Missouri Register, page 27. The approved short form of citation
is 28 MoReg 27.
The rules are codified in the Code of State Regulationsin this system—
Title Code of State Regulations Division Chapter Rule
1 CSR 10- 1. 010
Department Agency, Division General area regulated Specific area regulated
They are properly cited by using the full citation , i.e., 1 CSR 10-1.010.
Each department of state government is assigned a title. Each agency or division within the department is assigned a division number. The agency then groups its rules
into general subject matter areas called chapters and specific areas called rules. Within a rule, the first breakdown is called a section and is designated as (1). Subsection
is (A) with further breakdown into paragraph 1., subparagraph A., part (I), subpart (a), item I. and subitem a.
RSMo—The most recent version of the statute containing the section number and the date.
Emergency Rules
January 2, 2007 MISSOURI
Vol. 32, No. 1 REGISTER
bling boat. The promulgation of this emergency amendment is neces-
Rules appearing under this heading are filed under the sary to promote the compelling governmental interest of ensuring the
authority granted by section 536.025, RSMo 2000. An
health and safety of gaming patrons, employees and the general pub-
emergency rule may be adopted by an agency if the agency lic. Traditionally, gaming patrons have come from a demographic
finds that an immediate danger to the public health, safety or range of thirty-five (35) and above; more recently, however, many
welfare, or a compelling governmental interest requires casino operations have changed their marketing strategies to attract
emergency action; follows procedures best calculated to individuals in the twenty-one (21) to thirty (30) age range. While it
assure fairness to all interested persons and parties under is impossible to say with certainty when the marketing changes
the circumstances; follows procedures which comply with the occurred, the commission began seeing the results of these changed
protections extended by the Missouri and the United States marketing strategies in early to mid-September through reports
Constitutions; limits the scope of such rule to the circum- received from its own commission agents, agents of the Missouri State
Highway Patrol and local law enforcement officials reporting signif-
stances creating an emergency and requiring emergency
icant increases of the number of patrons attempting to enter
procedure, and at the time of or prior to the adoption of such
licensee’s properties who are either under the legal age to consume
rule files with the secretary of state the text of the rule togeth-
intoxicating beverages or inexperienced in consuming intoxicating
er with the specific facts, reasons and findings which support
beverages. This has further resulted in an increase in reports of
its conclusion that there is an immediate danger to the public
drunkenness and disorderly conduct requiring intervention by mem-
health, safety or welfare which can be met only through the
bers of the Missouri State Highway Patrol. This is not the designat-
adoption of such rule and its reasons for concluding that the ed purpose of the Missouri State Highway Patrol on the boats and
procedure employed is fair to all interested persons and par- significantly reduces their ability to oversee the regulation of gaming
ties under the circumstances. activities. The increased incidents of overindulgence by patrons who
Rules filed as emergency rules may be effective not less are underaged or inexperienced in the consumption of alcohol has
than ten (10) days after filing or at such later date as resulted in a significant increase of the number of peace disturbances
may be specified in the rule and may be terminated at any and individuals being overly intoxicated to the point of endangering
time by the state agency by filing an order with the secretary their own health. It is imperative that to ensure the public’s health
of state fixing the date of such termination, which order shall and safety, both the individual patron who is consuming alcohol and
those patrons and the general public that may be exposed to those
be published by the secretary of state in the Missouri
that have overindulged, that the director has this authority. A pro-
Registeras soon as practicable.
posed amendment to the rule, which covers the same material, is
All emergency rules must state the period during which
published in this issue of the Missouri Register. The scope of this
they are in effect, and in no case can they be in effect
emergency amendment is limited to the circumstances creating the
more than one hundred eighty (180) calendar days or thirty
emergency and complies with the protections extended in the
(30) legislative days, whichever period is longer. Emergency
Missouri and United States Constitutions. The commission believes
rules are not renewable, although an agency may at any time this emergency amendment to the rule is fair to all interested persons
adopt an identical rule under the normal rulemaking proce- and parties under the circumstances. This emergency amendment was
dures. filed November 30, 2006, effective December 10, 2006, expires June
7, 2007.
(1) Upon a finding that sufficient facts exist to show that a licensee
Title 11—DEPARTMENT OF PUBLIC SAFETY has violated a provision of section 313.004 to 313.090, RSMo, or
Division 45—Missouri Gaming Commission sections 313.800 to 313.850, RSMo or any rule promulgated by the
Chapter 13—Hearings commission under 11 CSR 30, et seq. or 11 CSR 45, et seq. as may
be amended from time-to-time and that such facts constitute an
EMERGENCY AMENDMENT immediate threat to the public health, safety or welfare, the director
may issue an emergency order immediately suspending the privileges
11 CSR 45-13.055 Emergency Order Suspending License under the license that allow the licensee to—
Privileges—Expedited Hearing. The commission is adding subsec- (F) Sell or manufacture bingo supplies[.]; or
tion (1)(G). (G) Serve,offer for sale, sell or supply intoxicatingliquor.
PURPOSE:This amendment to 11 CSR 45-13.055 establishes a pro- AUTHORITY: sections 313.004, 313.052, 313.560 and 313.805,
cedure for immediately suspending the privileges to serve liquor RSMo [1994] 2000 and 313.800, RSMo Supp. 2005. Emergency
under a license where the public health, safety or welfare is endan- rule filed July 30, 1999, effective Aug. 9, 1999, expired Feb. 24,
gered and preservation of the public interest requires such suspension 2000. Original rule filed Dec. 17, 1999, effective July 30, 2000.
of privileges. Emergency amendment filed Nov. 30, 2006, effective Dec. 10, 2006,
expires June 7, 2007. A proposed amendment covering this same
EMERGENCY STATEMENT: This emergency amendment provides material will be published in this issue of the Missouri Register.
provisions needed to implement section 313.840, RSMo. The com-
mission shall establish rules and regulations for the service of liquor
on any premises licensed for the service of liquor by the commission.
An emergency amendment is needed in order to implement policies
and procedures that, in the least restrictive manner, ensure that the
licensee is not serving liquor to intoxicated or otherwise disruptive
persons that could cause a threat to public health, safety or welfare.
The current rule allows the director to issue an emergency order
immediately suspending the privileges under the license that allows
the licensee to—(A) Conduct gambling games on an excursion gam-
5
Executive Orders
MISSOURI January 2, 2007
REGISTER Vol. 32, No. 1
The Secretary of State shall publish all executive orders beginning January 1, 2003, pursuant to section 536.035.2, RSMo
Supp. 2005.
6
January 2, 2007
Vol. 32, No. 1 Missouri Register Page 7
January 2, 2007
Page 8 Executive Orders Vol. 32, No. 1
Proposed Rules
January 2, 2007 MISSOURI
Vol. 32, No. 1 REGISTER
addition, this rule requires that both a hard copy and an electronic
Under this heading will appear the text of proposed rules
copy of the rulemaking be filed with the board.
and changes. The notice of proposed rulemaking is
required to contain an explanation of any new rule or any
(1) Agencies filing proposed rulemaking with the Small Business
change in an existing rule and the reasons therefor. This is set
Regulatory Fairness Board (board) shall submit with the rulemaking:
out in the Purpose section with each rule. Also required is a
(A) Rule Transmittal;
citation to the legal authority to make rules. This appears fol- (B) The proposed rulemaking language;
lowing the text of the rule, after the word “Authority.” (C) The public entity fiscal note;
Entirely new rules are printed without any special symbol- (D) The private entity fiscal note; and
ogy under the heading of the proposed rule. If an exist- (E) A small business impact statement.
ing rule is to be amended or rescinded, it will have a heading
of proposed amendment or proposed rescission. Rules which (2) Agencies filing a small business impact statement shall use the
are proposed to be amended will have new matter printed in form provided by the Department of Economic Development, includ-
boldface type and matter to be deleted placed in brackets. ed herein.
An important function of the Missouri Registeris to solicit
and encourage public participation in the rulemaking (3) Small business impact statements must address each element
process. The law provides that for every proposed rule, required pursuant to section 536.300.2, RSMo, in order to be filed
amendment or rescission there must be a notice that anyone with Small Business Regulatory Fairness Board.
may comment on the proposed action. This comment may
take different forms. (4) The agency shall both file a hard copy with the board and trans-
If an agency is required by statute to hold a public hearing mit or deliver an electronic copy to the board.
before making any new rules, then a Notice of Public
Hearing will appear following the text of the rule. Hearing
dates must be at least thirty (30) days after publication of the
notice in the Missouri Register. If no hearing is planned or
required, the agency must give a Notice to Submit
Comments. This allows anyone to file statements in support
of or in opposition to the proposed action with the agency
within a specified time, no less than thirty (30) days after pub-
lication of the notice in the Missouri Register.
An agency may hold a public hearing on a rule even
though not required by law to hold one. If an agency
allows comments to be received following the hearing date,
the close of comments date will be used as the beginning day
in the ninety (90)-day-count necessary for the filing of the
order of rulemaking.
If an agency decides to hold a public hearing after planning
not to, it must withdraw the earlier notice and file a new
notice of proposed rulemaking and schedule a hearing for a
date not less than thirty (30) days from the date of publication
of the new notice.
Proposed Amendment Text Reminder:
Boldface text indicates new matter.
[Bracketed text indicates matter being deleted.]
Title 4—DEPARTMENT OF ECONOMIC
DEVELOPMENT
Division 262—Small Business Regulatory Fairness
Board
Chapter 1—General Rules
PROPOSED RULE
4 CSR 262-1.010 Small Business Impact Statement Requirements
PURPOSE: This rule requires agencies to use the Small Business
Impact Statement form provided by the Department of Economic
Development when filing an impact statement with the Small Business
Regulatory Fairness Board (board). Also, this rule establishes that
the information required by section 536.300, RSMo, must be includ-
ed in the small business impact statement in order for the board to
accept and file the rulemaking and small business statement. In
9
January 2, 2007
Page 10 Proposed Rules Vol. 32, No. 1