Missouri Register Volume 41 Number 1, January 4, 2016

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by  Missouri Secretary of State, Administrative Rules Division

Volume 41, Number 1
Pages 1–66
January 4, 2016
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.”
J a s o n K a n d e r
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. 2014 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
Jason Kander
Administrative Rules Division
James C. Kirkpatrick State Information Center
600 W. Main
Jefferson City, MO 65101
[phone]
DIRECTOR
WAYLENEW. HILES
·
MANAGING EDITOR
CURTISW. TREAT
·

EDITOR
AMANDAMCKAY
·

ASSOCIATE EDITOR
VONNE KILBOURN
·

ASSISTANT EDITOR
MARTYSPANN
·

PUBLICATION TECHNICIAN
JACQUELINE D. WHITE
·

ADMINISTRATIVEASSISTANT
ALISHADUDENHOEFFER
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. 2014. 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 email 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 4, 2016 Vol. 41 No. 1 Pages 1–66
II TT II ::
NN HHIISS SSSSUUEE
EMERGENCY RULES IN ADDITIONS
Elected Officials Department of Transportation
State Auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Missouri Highways and Transportation Commission . . . . . .40
Department of Insurance, Financial Institutions and Department of Insurance, Financial Institutions and
Professional Registration Professional Registration
Insurance Solvency and Company Regulation . . . . . . . . . . .11 Construction Claims Binding Arbitration Cap . . . . . . . . . .42
Sovereign Immunity Limits . . . . . . . . . . . . . . . . . . . . . .43
PROPOSED RULES State Legal Expense Fund Cap . . . . . . . . . . . . . . . . . . . .43
Elected Officials
Attorney General . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 DISSOLUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . .44
Department of Insurance, Financial Institutions and
Professional Registration SOURCE GUIDES
Insurance Solvency and Company Regulation . . . . . . . . . .22 RULE CHANGES SINCE UPDATE . . . . . . . . . . . . . . . . .49
Interior Design Council . . . . . . . . . . . . . . . . . . . . . . . .33 EMERGENCY RULES IN EFFECT . . . . . . . . . . . . . . . . .55
EXECUTIVE ORDERS . . . . . . . . . . . . . . . . . . . . . . . . .58
ORDERS OF RULEMAKING
REGISTER INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
Department of Labor and Industrial Relations
Division of Workers’ Compensation . . . . . . . . . . . . . . . .36
Department of Natural Resources
Air Conservation Commission . . . . . . . . . . . . . . . . . . . .37
Land Reclamation Commission . . . . . . . . . . . . . . . . . . .37
Department of Social Services
Office of the Director . . . . . . . . . . . . . . . . . . . . . . . . . .38
Children’s Division . . . . . . . . . . . . . . . . . . . . . . . . . . .38
Family Support Division . . . . . . . . . . . . . . . . . . . . . . . .38
MO HealthNet Division . . . . . . . . . . . . . . . . . . . . . . . .39
Register Register Code Code
Filing Deadlines Publication Date Publication Date Effective Date
September 1, 2015 October 1, 2015 October 31, 2015 November 30, 2015
September 15, 2015 October 15, 2015 October 31, 2015 November 30, 2015
October 1, 2015 November 2, 2015 November 30, 2015 December 30, 2015
October 15, 2015 November 16, 2015 November 30, 2015 December 30, 2015
November 2, 2015 December 1, 2015 December 31, 2015 January 30, 2016
November 16, 2015 December 15, 2015 December 31, 2015 January 30, 2016
December 1, 2015 January 4, 2016 January 30, 2016 February 29, 2016
December 15, 2015 January 15, 2016 January 30, 2016 February 29, 2016
January 4, 2016 February 1, 2016 February 29, 2016 March 30, 2016
January 15, 2016 February 16, 2016 February 29, 2016 March 30, 2016
February 1, 2016 March 1, 2016 March 31, 2016 April 30, 2016
February 16, 2016 March 15, 2016 March 31, 2016 April 30, 2016
March 1, 2016 April 1, 2016 April 30, 2016 May 30, 2016
March 15, 2016 April 15, 2016 April 30, 2016 May 30, 2016
April 1, 2016 May 2, 2016 May 31, 2016 June 30, 2016
April 15, 2016 May 16, 2016 May 31, 2016 June 30, 2016
May 2, 2016 June 1, 2016 June 30, 2016 July 30, 2016
May 16, 2016 June 15, 2016 June 30, 2016 July 30, 2016
June 1, 2016 July 1, 2016 July 31, 2016 August 30, 2016
June 15, 2016 July 15, 2016 July 31, 2016 August 30, 2016
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. 2014), are
available in the listed participating libraries, as selected by the Missouri State Library:
Jefferson County Library Learning Resources Center Hearnes Learning Resources Ctr. Library
PO Box 1486, 3021 High Ridge Mineral Area College Missouri Western State University Missouri University of Science and
High Ridge, MO 63049-1486 PO Box 1000 4525 Downs Drive Technology
[phone] Park Hills, MO 63601-1000 St. Joseph, MO 64507-2294 1870 Miner Circle
[phone] [phone] Rolla, MO 65409-0060
Jefferson College Library [phone]
Cape Girardeau Public Library
1000 Viking Drive Library
Hillsboro, MO 63050-2441 711 N. Clark North Central Missouri College Lebanon-Laclede County Library
[phone] ext. 160 C(5a7p3e) G33ir4a-r5d2e7a9u, MO 63701-4400 PTOre nBtoonx, 1M11O, 16340618 3M-0a1in0 7Street 9L1e5b aSn.o Jne,f fMerOso 6n5 A5v3e6.-3017
St. Louis Public Library Kent Library [phone] ext. 325 [phone]
1301 Olive St. Southeast Missouri State University
St. Louis, MO 63103-2389 One University Plaza Spiva Library University Library
Southwest Baptist University
[phone] Cape Girardeau, MO 63701-4799 Missouri Southern State University
1600 University Ave.
[phone] 3950 East Newman Road
Bolivar, MO 65613-2597
St. Louis University Law Library Joplin, MO 64801-1595
3700 Lindell Blvd. Riverside Regional Library [phone] [phone]
PO Box 389, 1997 E. Jackson Blvd.
St. Louis, MO 63108-3478
[phone] J(5ac7k3s)o 2n4, 3M-8O14 613755-0389 M60i0s sWouersit SMtaatien L, PibOra Bryox 387 B21a3rr 6yt-hL aSwt.rence Regional Library
Monett, MO 65708-2147
Eden/Webster Library Jefferson City, MO 65102-0387
Rutland Library [phone]
Eden Theological Seminary/ Three Rivers Community College [phone]
Webster University 2080 Three Rivers Blvd. Lyons Memorial Library
475 East Lockwood Ave. Poplar Bluff, MO 63901-2393 Missouri State Archives College of the Ozarks
St. Louis, MO 63119-3192 [phone] 600 West Main, PO Box 778 General Delivery
[phone] ext. 7812 Jefferson City, MO 65102-0778 Point Lookout, MO 65726-9999
James C. Kirkpatrick Library [phone] [phone] ext. 3551
University of Central Missouri
Thomas Jefferson Library
University of Missouri-St. Louis 142 Edwards Library Elmer Ellis Library Garnett Library
Warrensburg, MO 64093-5020
8001 Natural Bridge Road University of Missouri-Columbia Missouri State University—West
[phone]
St. Louis, MO 63121-4499 106 B Ellis Library Plains
[phone] Kansas City Public Library Columbia, MO 65211-5149 304 Cleveland
14 West 10th Street [phone] West Plains, MO 65775-3414
Washington University Law Library Kansas City, MO 64105 [phone]
Washington University [phone] Library
Campus Box 1171, Mudd Bldg., State Historical Society of Missouri Springfield-Greene County Library
One Brookings Dr. Law Library 1020 Lowry St. 4653 S. Campbell
St. Louis, MO 63130-4899 University of Missouri-Kansas City Columbia, MO 65211-7298 Springfield, MO 65801-0760
[phone] 5100 Rockhill Road [phone] [phone]
Kansas City, MO 64110-2499
St. Louis County Library [phone] Daniel Boone Regional Library Meyer Library
1640 S. Lindbergh Blvd. Miller Nichols Library PO Box 1267, 100 West Broadway Missouri State University
St. Louis, MO 63131-3598 University of Missouri-Kansas City Columbia, MO 65205-1267 PO Box 175, 901 S. National
Springfield, MO 65804-0095
[phone] ext. 247 5100 Rockhill Road [phone] ext. 359
[phone]
Kansas City, MO 64110-2499
Library [phone] School of Law
Maryville University University of Missouri-Columbia
13550 Conway Road B.D. Owens Library 224 Hulston Hall
St. Louis, MO 63141-7232 Northwest Missouri State University Columbia, MO 65211-0001
800 University Drive
[phone] [phone]
Maryville, MO 64468-6001
[phone]
Pickler Memorial Library Smiley Memorial Library
Truman State University St. Joseph Public Library Central Methodist University
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 4, 2016 MISSOURI
Vol. 41, No. 1 REGISTER
Missouri and United States Constitutions. This emergency rule was
Rules appearing under this heading are filed under the filed November 30, 2015, becomes effective December 10, 2015, and
authority granted by section 536.025, RSMo 2000. An expires May 31, 2016.
emergency rule may be adopted by an agency if the agency
finds that an immediate danger to the public health, safety, or (1) Every county, city, town, or village shall annually file with the
welfare, or a compelling governmental interest requires State Auditor’s Office a completed form, which is included herein,
emergency action; follows procedures best calculated to and available on the State Auditor’s website, and contains at a mini-
assure fairness to all interested persons and parties under mum, the following:
the circumstances; follows procedures which comply with the (A) The total annual revenue of the county, city, town, or village;
(B) The annual general operating revenue of the county, city, town,
protections extended by the Missouri and the United States
or village based on the definition in section 479.350, RSMo;
Constitutions; limits the scope of such rule to the circum-
(C) The total revenue from fines, bond forfeitures, and court costs
stances creating an emergency and requiring emergency
for minor traffic violations occurring within the county, city, town,
procedure, and at the time of or prior to the adoption of such
or village based on the definitions in section 479.350, RSMo, includ-
rule files with the secretary of state the text of the rule togeth-
ing amended charges for any minor traffic violations; and
er with the specific facts, reasons, and findings which support
(D) The percent of annual general operating revenue from fines,
its conclusion that there is an immediate danger to the public bond forfeitures, and court costs for minor traffic violations as
health, safety, or welfare which can be met only through the defined by section 479.350, RSMo, including amended charges for
adoption of such rule and its reasons for concluding that the any minor traffic violation.
procedure employed is fair to all interested persons and par-
ties under the circumstances. (2) The annual form shall be mailed to the State Auditor’s Office at
Rules filed as emergency rules may be effective not less PO Box 869, Jefferson City, MO 65102, or emailed to
than ten (10) days after filing or at such later date as [email protected].
may be specified in the rule and may be terminated at any
time by the state agency by filing an order with the secretary (3) The addendum form shall be submitted within six (6) months
after the end of the county, city, town, or village’s fiscal year and
of state fixing the date of such termination, which order shall
shall be filed with any required annual financial report filed under the
be published by the secretary of state in the Missouri
procedures in 15 CSR 40-3.030.
Registeras soon as practicable.
All emergency rules must state the period during which
(4) To facilitate auditing, the county, city, town, or village shall retain
they are in effect, and in no case can they be in effect
documentation supporting the information provided on the form in
more than one hundred eighty (180) calendar days or thirty accordance with prescribed record retention procedures.
(30) legislative days, whichever period is longer. Emergency
rules are not renewable, although an agency may at any time (5) The form shall be signed by a representative of the county, city,
adopt an identical rule under the normal rulemaking proce- town, or village with knowledge of the subject matter before a notary
dures. public.
(6) If the county, city, town, or village’s fiscal year ended before
Title 15—ELECTED OFFICIALS August 28, 2015, the county, city, town, or village may report the
Division 40—State Auditor information required by section (1) of this regulation in a form that
Chapter 3—Rules Applying to Political Subdivisions substantially comports with the requirements of this regulation and
may report its total revenue for municipal court violations or provide
EMERGENCY RULE an accounting of the percent of annual general operating revenue
from fines and court costs from traffic violations, including amended
15 CSR 40-3.170 Addendum Filed with the Auditor’s Office charges from any charged traffic violation based on section 302.341,
RSMo Supp. 2014.
PURPOSE: This rule sets forth a procedure for a county, city, town,
or village to provide the information required by section 479.359, (7) Examples.
RSMo Supp. 2015. (A) A city with a municipal court has several ordinances related to
equipment failure, vehicle registration, and seatbelt use for which no
EMERGENCY STATEMENT: Conference Committee Substitute for points are placed on the driver license upon conviction. The funds
House Committee Substitute for Senate Substitute for Senate received from these violations should be included in “minor traffic
Committee Substitute for Senate Bill 5, First Regular Session, Ninety- violations” when reporting the information under section (1) of this
eighth General Assembly, went into effect August 28, 2015. Section regulation because the statutory definition of “minor traffic viola-
479.359.4 in Senate Bill 5 specified, “On or before December 31, tion” includes municipal or county ordinance traffic violations,
2015, the state auditor shall set forth by rule a procedure for includ- except those that involve authorization for the Department of Revenue
ing the addendum information required by this section.” The State to assess five (5) or more points to a person’s driving record upon
Auditor’s office filed a proposed rule on September 1, 2015, which conviction, assuming that the specific violation does not fall within
was published in the October1, 2015, Missouri Registerand has now one (1) of the other statutorily enumerated exceptions in the defini-
completed the notice and comment period for the final rule. This tion of “minor traffic violation.”
emergency rule has taken the comments received for the proposed (B) The municipal court amends a violation that does not meet the
rule into consideration and will allow a rule to be in place by definition of “minor traffic violation” to a violation that does meet
December 31, 2015. The State Auditor’s office believes this emer- this definition. The funds received from these violations should be
gency rule is fair to all interested persons and parties under these cir- included in “minor traffic violations” when reporting the information
cumstances. The scope of the rule is limited to the circumstances cre- under section (1) of this regulation because the calculation includes
ating the emergency and complies with the protections extended in the charges for all minor traffic violations.
5
January 4, 2016
Page 6 Emergency Rules Vol. 41, No. 1
(C) The municipal court amends a violation that meets the defini-
tion of “minor traffic violation” to a violation that does not meet this
definition. The funds received from these violations should be
included in “minor traffic violations” when reporting the information
under section (1) of this regulation because the original charge is a
minor traffic violation.
January 4, 2016
Vol. 41, No. 1 Missouri Register Page 7
January 4, 2016
Page 8 Emergency Rules Vol. 41, No. 1
January 4, 2016
Vol. 41, No. 1 Missouri Register Page 9
AUTHORITY: section 29.100, RSMo 2000, and sections 479.359 and only that portion of the fiscal year after August 28, 2015 in which
479.362, RSMo Supp. 2015. Original rule filed Sept. 1, 2015. the municipal court complied with each procedure.
Emergency rule filed Nov. 30, 2015, effective Dec. 10, 2015, expires
May 31, 2016. (5) The certification shall be signed by the municipal judge of the
county, city, town, or village. If the municipal court has more than
one (1) municipal judge, any municipal judge may sign the form or
Title 15—ELECTED OFFICIALS certification.
Division 40—State Auditor
Chapter 3—Rules Applying to Political Subdivisions (6) The certification shall be submitted, together with the addendum
required by 15 CSR 40-3.170, within six (6) months after the end of
EMERGENCY RULE the county, city, town, or village’s fiscal year. The certification shall
be mailed to the State Auditor’s Office at PO Box 869, Jefferson
15 CSR 40-3.180 Municipal Court Certifications Filed with the City, MO 65102, or emailed to [email protected].
Auditor’s Office
(7) Any city, town, or village that does not have its own municipal
PURPOSE: This rule sets forth a procedure for a county, city, town, judge because it has all municipal violations adjudicated by a county
or village with a municipal court to certify its substantial compliance municipal judge, or by a circuit or associate circuit judge, is not
with the municipal court procedures specified in section 479.360, required to file a certification.
RSMo Supp. 2015.
(8) To facilitate auditing, the county, city, town, or village shall retain
EMERGENCY STATEMENT: Conference Committee Substitute for documentation supporting the information provided by the certifica-
House Committee Substitute for Senate Substitute for Senate tion in accordance with prescribed record retention procedures.
Committee Substitute for Senate Bill 5, First Regular Session, Ninety-
eighth General Assembly, went into effect August 28, 2015. Section
479.360.2 in Senate Bill 5 specified, “On or before December 31,
2015, the state auditor shall set forth by rule a procedure for includ-
ing the addendum information required by this section.” The State
Auditor’s office filed a proposed rule on September 1, 2015, which
was published in the October1, 2015, Missouri Registerand has now
completed the notice and comment period for the final rule. This
emergency rule has taken the comments received for the proposed
rule into consideration and will allow a rule to be in place by
December 31, 2015. The State Auditor’s office believes this emer-
gency rule is fair to all interested persons and parties under these cir-
cumstances. The scope of the rule is limited to the circumstances cre-
ating the emergency and complies with the protections extended in the
Missouri and United States Constitutions. This emergency rule was
filed November 30, 2015, becomes effective December 10, 2015, and
expires May 31, 2016.
(1) Any city, town, or village with a municipal court shall annually
file with the State Auditor’s Office a completed certification, which
is included herein, and available on the State Auditor’s website, or
any certification which substantially comports with the specified cer-
tification and certifies that the municipal court adopted and substan-
tially complied with the municipal court procedures specified by sec-
tion 1 of section 479.360, RSMo during the preceding fiscal year.
(2) Any county with a county municipal court shall annually file with
the State Auditor’s Office a completed certification, which is includ-
ed herein, and available on the State Auditor’s website, or any certi-
fication which substantially comports with the specified certification
and certifies that the municipal court adopted and substantially com-
plied with the municipal court procedures specified by section 1 of
section 479.360, RSMo during the preceding fiscal year.
(3) If the county, city, town, or village’s fiscal year ended before
August 28, 2015, but the county, city, town, or village files its finan-
cial report with the State Auditor’s Office after August 28, 2015, the
certification may specify which, if any, procedures required by sec-
tion 1 of section 479.360, RSMo the municipal court has adopted,
and certify during which portion of the fiscal year, if any, the munic-
ipal court complied with each procedure.
(4) If the county, city, town, or village’s fiscal year ended after
August 28, 2015, but any period of time covered by the certification
includes a portion of a fiscal year that was prior to August 28, 2015,
the certification may certify and specify substantial compliance for
January 4, 2016
Page 10 Emergency Rules Vol. 41, No. 1