Missouri Register Volume 42 Number 2, January 17, 2017

0.78 MB·English

by  Missouri Secretary of State, Administrative Rules Division

Volume 42, Number 2
Pages 81–150
January 17, 2017
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 o h n R . A s h c r o ft
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 and 536.033, RSMo 2016. Reproduction of rules is allowed;
however, no reproduction shall bear the name Missouri Register or “official” without the express per-
mission of the secretary of state.
The Missouri Register is published semi-monthly by
S S
ECRETARY OF TATE
John R. Ashcroft
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 2016. 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 contacted 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 17, 2017 Vol. 42 No. 2 Pages 81–150
II TT II ::
NN HHIISS SSSSUUEE
PROPOSED RULES SOURCE GUIDES
Department of Elementary and Secondary Education RULE CHANGES SINCE UPDATE . . . . . . . . . . . . . . . .132
Division of Learning Services . . . . . . . . . . . . . . . . . . . .85 EMERGENCY RULES IN EFFECT . . . . . . . . . . . . . . . .139
Department of Transportation EXECUTIVE ORDERS . . . . . . . . . . . . . . . . . . . . . . . . .142
Missouri Highways and Transportation Commission . . . . . .86 REGISTER INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . .143
Department of Insurance, Financial Institutions
and Professional Registration
Missouri Veterinary Medical Board . . . . . . . . . . . . . . . . .95
ORDERS OF RULEMAKING
Department of Conservation
Conservation Commission . . . . . . . . . . . . . . . . . . . . . . .99
Department of Corrections
State Board of Probation and Parole . . . . . . . . . . . . . . . .100
Department of Health and Senior Services
Office of the Director . . . . . . . . . . . . . . . . . . . . . . . . .101
Division of Community and Public Health . . . . . . . . . . . .102
Department of Insurance, Financial Institutions
and Professional Registration
Missouri Dental Board . . . . . . . . . . . . . . . . . . . . . . . .102
State Board of Registration for the Healing Arts . . . . . . . .103
CONSTRUCTION TRANSIENT LIST . . . . . . . . . . . . . . .106
DISSOLUTIONS . . . . . . . . . . . . . . . . . . . . . . . . .128
Register Register Code Code
Filing Deadlines Publication Date Publication Date Effective Date
September 1, 2016 October 3, 2016 October 31, 2016 November 30, 2016
September 15, 2016 October 17, 2016 October 31, 2016 November 30, 2016
October 3, 2016 November 1, 2016 November 30, 2016 December 30, 2016
October 17, 2016 November 15, 2016 November 30, 2016 December 30, 2016
November 1, 2016 December 1, 2016 December 31, 2016 January 30, 2017
November 15, 2016 December 15, 2016 December 31, 2016 January 30, 2017
December 1, 2016 January 3, 2017 January 31, 2017 February 28, 2017
December 15, 2016 January 17, 2017 January 31, 2017 February 28, 2017
January 3, 2017 February 1, 2017 February 28, 2017 March 30, 2017
January 17, 2017 February 15, 2017 February 28, 2017 March 30, 2017
February 1, 2017 March 1, 2017 March 31, 2017 April 30, 2017
February 15, 2017 March 15, 2017 March 31, 2017 April 30, 2017
March 1, 2017 April 3, 2017 April 30, 2017 May 30, 2017
March 15, 2017 April 17, 2017 April 30, 2017 May 30, 2017
April 3, 2017 May 1, 2017 May 31, 2017 June 30, 2017
April 17, 2017 May 15, 2017 May 31, 2017 June 30, 2017
May 1, 2017 June 1, 2017 June 30, 2017 July 30, 2017
May 15, 2017 June 15, 2017 June 30, 2017 July 30, 2017
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 2016), 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 PO Box 111, 1301 Main Street 915 S. Jefferson Ave.
Trenton, MO 64683-0107 Lebanon, MO 65536-3017
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] Jackson, MO 63755-0389 Missouri State Library Barry-Lawrence Regional Library
[phone] 600 West Main, PO Box 387 213 6th St.
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.
Proposed Rules
January 17, 2017 MISSOURI
Vol. 42, No. 2 REGISTER
and operate a quality charter school. The sponsor shall implement
Under this heading will appear the text of proposed rules the following:
and changes. The notice of proposed rulemaking is (F) Meets the Missouri Department of Elementary and Secondary
required to contain an explanation of any new rule or any Education’s (department) timelines by submitting to the State Board
change in an existing rule and the reasons therefor. This is set of Education (board) any new charter applications before [October
out in the Purpose section with each rule. Also required is a 1 of the year] November 30 prior to the school year of the pro-
citation to the legal authority to make rules. This appears fol- posed opening date of the charter school. Renewal applications must
lowing the text of the rule, after the word “Authority.” be submitted before January 1 of the year that the charter is sched-
Entirely new rules are printed without any special symbol- uled to be renewed; and
ogy under the heading of proposed rule. If an existing
rule is to be amended or rescinded, it will have a heading of AUTHORITY: sections 160.400-160.425 and 161.092, RSMo [Supp.
proposed amendment or proposed rescission. Rules which 2012] 2016. Original rule filed Dec. 3, 2012, effective June 30,
are proposed to be amended will have new matter printed in 2013. Amended: Filed Dec. 8, 2016.
boldface type and matter to be deleted placed in brackets.
An important function of the Missouri Registeris to solicit PUBLIC COST: This proposed amendment will not cost state agen-
and encourage public participation in the rulemaking cies or political subdivisions more than five hundred dollars ($500)
process. The law provides that for every proposed rule, in the aggregate.
amendment, or rescission there must be a notice that anyone
may comment on the proposed action. This comment may PRIVATE COST: This proposed amendment will not cost private enti-
take different forms. ties more than five hundred dollars ($500) in the aggregate.
If an agency is required by statute to hold a public hearing
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
before making any new rules, then a Notice of Public
support of or in opposition to this proposed amendment with the
Hearing will appear following the text of the rule. Hearing
Department of Elementary and Secondary Education, ATTN:
dates must be at least thirty (30) days after publication of the
Educational Support Services, Office of Quality Schools, PO Box
notice in the Missouri Register. If no hearing is planned or
480, Jefferson City, MO 65102-0480, or by email to webreplyimpr-
required, the agency must give a Notice to Submit
[email protected]. To be considered, comments must be received
Comments. This allows anyone to file statements in support
within thirty (30) days after publication of this notice in the Missouri
of or in opposition to the proposed action with the agency
Register. No public hearing is scheduled.
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 Title 5—DEPARTMENT OF ELEMENTARY AND
though not required by law to hold one. If an agency SECONDARY EDUCATION
allows comments to be received following the hearing date, Division 20—Division of Learning Services
the close of comments date will be used as the beginning day Chapter 100—Office of Quality Schools
in the ninety- (90-) day-count necessary for the filing of the
order of rulemaking. PROPOSED RULE
If an agency decides to hold a public hearing after planning
not to, it must withdraw the earlier notice and file a new 5 CSR 20-100.280 Charter School Expedited Renewal Application
notice of proposed rulemaking and schedule a hearing for a Process
date not less than thirty (30) days from the date of publication
of the new notice. PURPOSE: This rule establishes the method for expediting the
renewal process for a charter school that has an annual performance
report (APR) consistent with a classification of “accredited” for three
Proposed Amendment Text Reminder: (3) of the last four (4) years. The expedited renewal process serves to
Boldface text indicates new matter. meet the allowance of such as stated in section 160.405(9)(2)(d),
[Bracketed text indicates matter being deleted.] RSMo.
Title 5—DEPARTMENT OF ELEMENTARY AND (1) The sponsor of a charter school that meets the qualifications for
SECONDARY EDUCATION expedited renewal will submit the form Charter School Expedited
Division 20—Division of Learning Services Renewal Application, provided by the Department of Elementary and
Chapter 100—Office of Quality Schools Secondary Education (department), to the charter school section,
addressing—
PROPOSED AMENDMENT (A) Cover sheet with the current school name, address, superin-
tendent/head administrator, and names of building(s) and
5 CSR 20-100.260 Standards for Charter Sponsorship.The State principal(s), if applicable;
Board of Education is amending subsection (2)(F). (B) Articles of Incorporation;
(C) Current, signed performance contract bearing charter school
PURPOSE: This amendment is to revise the timelines for submitting and sponsor signatures, pursuant to section 160.405.1, RSMo;
new charter school applications. (D) Current list of charter school board members;
(E) Complete, projected five- (5-) year budget including projected
(2) Standard 2—Application Process and Decision Making. The reserves; and
sponsor shall implement steps to closely monitor the application (F) Projected enrollment by grade levels.
process that includes clear application and guidance; follows fair,
transparent procedures, and rigorous criteria; and grants only those AUTHORITY: sections 160.405 and 161.092, RSMo 2016. Original
charter applications that demonstrate a strong capacity to establish rule filed Dec. 8, 2016.
85
January 17, 2017
Page 86
Proposed Rules Vol. 42, No. 2
PUBLIC COST: This proposed rule will not cost state agencies or Title 7—DEPARTMENT OF TRANSPORTATION
political subdivisions more than five hundred dollars ($500) in the Division 10—Missouri Highways and Transportation
aggregate. Commission
Chapter 10—Contractor Performance Rating to
PRIVATE COST: This proposed rule will not cost private entities Determine Responsibility
more than five hundred dollars ($500) in the aggregate.
PROPOSED AMENDMENT
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
7 CSR 10-10.010 Definitions. The Missouri Highways and
support of or in opposition to this proposed rule with the Department
Transportation Commission is amending sections (8) and (11).
of Elementary and Secondary Education, ATTN: Educational Support
Services, Office of Quality Schools, PO Box 480, Jefferson City, MO
PURPOSE: This proposed amendment defines the chair of the review
65102-0480, or by email to [email protected]. To
committee and corrects that MoDOT’s statewide administration of
be considered, comments must be received within thirty (30) days
contracts is being performed through seven (7) districts.
after publication of this notice in the Missouri Register. No public
hearing is scheduled.
(8) Contractor performance review committee. The review commit-
tee consists of the following three (3) persons: the[director of pro-
gram delivery] assistant chief engineer, as chair, the state con-
Title 5—DEPARTMENT OF ELEMENTARY struction and materials engineer, and the administrator of the con-
AND SECONDARY EDUCATION tractor performance rating system, or an authorized representative
acting on behalf of any one (1)of them.
Division 20—Division of Learning Services
Chapter 100—Office of Quality Schools
(11) District. One (1) of [ten (10)]seven (7)geographic regions of
Missouri established for administrative purposes within the depart-
PROPOSED RULE ment.
AUTHORITY: sections 226.020, 226.130, 227.030, and 227.105,
5 CSR 20-100.290 Charter School Expedited Replication and
RSMo [2000]2016. Original rule filed Dec. 31, 1990, effective July
Expansion Application Process
8, 1991. For intervening history, please consult the Code of State
Regulations. Amended: Filed Dec. 8, 2016.
PURPOSE: This rule establishes the method for expediting the repli-
cation and expansion application process of a charter school into
PUBLIC COST: This proposed amendment will not cost state agen-
unaccredited districts, a metropolitan district, or an urban school
cies or political subdivisions more than five hundred dollars ($500)
district containing most of all of a home rule city with more than four
in the aggregate.
hundred thousand (400,000) inhabitants and located in more than
one (1) county. Participation is limited to charter schools that receive
PRIVATE COST: This proposed amendment will not cost private enti-
eighty-five percent (85%) or more of the total points for three (3) out
ties more than five hundred dollars ($500) in the aggregate.
of the last four (4) years on the annual performance report (APR).
The expedited replication and expansion process serves to meet the
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
allowance of such as stated in section 160.408, RSMo.
support of or in opposition to this proposed amendment with the
Missouri Department of Transportation, Pamela Harlan, Secretary to
(1) For purposes of this rule, replicate and expand shall be defined the Commission, PO Box 270, Jefferson City, MO 65102. To be con-
as— sidered, comments must be received within thirty (30) days after pub-
(A) Replicate means to open one (1) or more new charter Local lication of this notice in the Missouri Register. No public hearing is
Education Agencies (LEA) that is based on the charter school model scheduled.
for which the applicant has presented evidence of success; and
(B) Expand means to increase the number of available seats in an
existing charter LEA. Title 7—DEPARTMENT OF TRANSPORTATION
Division 10—Missouri Highways and Transportation
Commission
AUTHORITY: sections 160.400 to 160.425 and 167.349, RSMo
Chapter 10—Contractor Performance Rating to
2016. Original rule filed Dec. 21, 2016.
Determine Responsibility
PUBLIC COST: This proposed rule will not cost state agencies or
PROPOSED AMENDMENT
political subdivisions more than five hundred dollars ($500) in the
aggregate.
7 CSR 10-10.020 Explanation of Contractor Performance Rating
System. The Missouri Highways and Transportation Commission is
PRIVATE COST: This proposed rule will not cost private entities amending sections (1) and (2).
more than five hundred dollars ($500) in the aggregate.
PURPOSE: This proposed amendment corrects the statement that the
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in commission does prequalify bidders.
support of or in opposition to this proposed rule with the Department
of Elementary and Secondary Education, ATTN: Educational Support (1) The commission has the obligation to award its contracts to only
Services, Office of Quality Schools, PO Box 480, Jefferson City, MO responsive and responsible bidders. The commission also has the
65102-0480, or by email to [email protected]. To duty to supervise and control the construction and maintenance of its
be considered, comments must be received within thirty (30) days state highway system. Inherent in these concepts, and in the commis-
after publication of this notice in the Missouri Register. No public sion’s general obligation to the traveling public of this state, is that the
hearing is scheduled. commission must regulate those who construct the finished highway
January 17, 2017
Vol. 42, No. 2 Missouri Register Page 87
product. [The commission does not prequalify persons or AUTHORITY: sections 226.020, 226.130, 227.030, and 227.105,
firms as responsible bidders and contractors.] Therefore, it RSMo [2000]2016. Original rule filed Dec. 31, 1990, effective July
requires a system for evaluating the performance of those contractors 8, 1991. For intervening history, please consult the Code of State
working on commission projects. Regulations. Amended: Filed Dec. 8, 2016.
(2) This contractor rating system is intended to help the commission PUBLIC COST: This proposed amendment will not cost state agen-
periodically determine those contractors who are responsible or are cies or political subdivisions more than five hundred dollars ($500)
nonresponsible and those responsible contractors whose outstanding in the aggregate.
or superior performance merits recognition by the commission. In
the process, the rating system is intended to provide the contractors PRIVATE COST: This proposed amendment will not cost private enti-
with evaluations of their work and information they can use to ties more than five hundred dollars ($500) in the aggregate.
improve their performance [and product on future commission
projects]. NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
support of or in opposition to this proposed amendment with the
AUTHORITY: sections 226.020, 226.130, 227.030, and 227.100, Missouri Department of Transportation, Pamela Harlan, Secretary to
[RSMo 1986 and 226.130,] RSMo [Supp. 1993] 2016. the Commission, PO Box 270, Jefferson City, MO 65102. To be con-
sidered, comments must be received within thirty (30) days after pub-
Original rule filed Dec. 31, 1990, effective July 8, 1991. Amended:
lication of this notice in the Missouri Register. No public hearing is
Filed Dec. 8, 2016.
scheduled.
PUBLIC COST: This proposed amendment will not cost state agen-
cies or political subdivisions more than five hundred dollars ($500)
Title 7—DEPARTMENT OF TRANSPORTATION
in the aggregate.
Division 10—Missouri Highways and Transportation
Commission
PRIVATE COST: This proposed amendment will not cost private enti-
Chapter 10—Contractor Performance Rating to
ties more than five hundred dollars ($500) in the aggregate.
Determine Responsibility
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
PROPOSED AMENDMENT
support of or in opposition to this proposed amendment with the
Missouri Department of Transportation, Pamela Harlan, Secretary to
7 CSR 10-10.040 Contractor Performance Project Evaluation
the Commission, PO Box 270, Jefferson City, MO 65102. To be con-
Used [in Evaluating] For Determining Contractor Performance.
sidered, comments must be received within thirty (30) days after pub-
The Missouri Highways and Transportation Commission is amending
lication of this notice in the Missouri Register. No public hearing is
the title.
scheduled.
PURPOSE: This proposed amendment simplifies the title of the rule.
Title 7—DEPARTMENT OF TRANSPORTATION
AUTHORITY: sections 226.020, 226.130, 227.030, and 227.105,
Division 10—Missouri Highways and Transportation
RSMo [2000]2016. Original rule filed Dec. 31, 1990, effective July
Commission 8, 1991. For intervening history, please consult the Code of State
Chapter 10—Contractor Performance Rating to Regulations. Amended: Filed Dec. 8, 2016.
Determine Responsibility
PUBLIC COST: This proposed amendment will not cost state agen-
PROPOSED AMENDMENT cies or political subdivisions more than five hundred dollars ($500)
in the aggregate.
7 CSR 10-10.030 Rating Categories for Evaluating the Performance
of a Contractor. The Missouri Highways and Transportation PRIVATE COST: This proposed amendment will not cost private enti-
Commission is amending sections (2) and (3). ties more than five hundred dollars ($500) in the aggregate.
PURPOSE: This proposed amendment provides clarification to the NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
rating process. support of or in opposition to this proposed amendment with the
Missouri Department of Transportation, Pamela Harlan, Secretary to
(2) Each [project evaluation performance measure will be] of the Commission, PO Box 270, Jefferson City, MO 65102. To be con-
the four (4) categories will include performance and compliance sidered, comments must be received within thirty (30) days after pub-
questions that will be assigned [to a category and will have an lication of this notice in the Missouri Register. No public hearing is
applicable percentage deduct for non-performer. Performance scheduled.
measure responses will be completed according to the guide-
lines shown on the project evaluation] scoring criteria. Not all
[performance measures]questionswill be applicable on each pro- Title 7—DEPARTMENT OF TRANSPORTATION
ject’s evaluation and will, therefore, not be completed. Division 10—Missouri Highways and Transportation
Commission
(3) A contractor’s individual category rating is obtained by subtracting Chapter 10—Contractor Performance Rating to
the [total percentage deducts for the category or quality sec- Determine Responsibility
tion from]scores determined in section (2) fromone hundred per-
cent (100%). The category ratings of the applicable sections for PROPOSED AMENDMENT
“Quality” and “Contract Compliance” will be based on the weighted
average of the total dollar value of work completed during the rated 7 CSR 10-10.050 Procedure and Schedule for Completing the
period. The category ratings of the applicable sections for Contractor Performance Project Evaluation. The Missouri
“Prosecution & Progress” and “Contract Administration” will be Highways and Transportation Commission is amending subsection
based on the weighted average of the applicable contract dollar values. (3)(A).
January 17, 2017
Page 88
Proposed Rules Vol. 42, No. 2
PURPOSE: This proposed amendment clarifies the intended use of and provide the contractor with a written response regarding the par-
an interim report. ticular area of dispute between the contractor and the resident engi-
neer. All reports shall be submitted to the construction and materials
(3) Each contractor performance project evaluation shall be complet- division before, but no later than, February 15.
ed as an Interim Report, Annual Report, or Final Report. The report (A) “Unacceptable” Rating. No request for review to the contrac-
shall note which type of report it is. The following criteria govern tor performance review committee for an informal hearing or to
each type of report and when it is completed: the department regarding the contractors’ performance ratings is pro-
(A) Interim Report. This midseason report is completed on all vided under this chapter, with the exception of contractors who
contractors currently on probation or which have been disqualified receive an unacceptable performance rating.
[when approximately fifty percent (50%) of the work on the 1. The contractor must have received either an unacceptable cat-
project for the year is completed or by September 1, egory or overall performance rating and timely discussed the dispute
whichever comes first]. This report can be completed at any with the resident engineer and made a timely written request for
time during the year. An Interim Report [may also be completed review by the district engineer of the particular unacceptable rating
at any time, at the discretion of the resident engineer or dis- on the project evaluation that the contractor disagrees with as provid-
trict engineer designee, for any contractor when there is a ed in this chapter.
serious contractor performance concern regarding work 2. If the contractor has complied with the requirements of para-
quality/progress or contract administration/compliance on graph (4)(A)1. above, the contractor shall have ten (10) working days
the project] will not be used in a contractor’s performance to request an informal hearing to review an unacceptable category or
determination. [The Interim Report is for informational pur- overall performance rating.
poses only.] 3. The contractor shall submit its request for an informal hear-
ing to the following address: Missouri Department of Transportation,
AUTHORITY: sections 226.020, 226.130, 227.030, and 227.105, Construction and Materials Division, PO Box 270, Jefferson City,
RSMo [2000]2016. Original rule filed Dec. 31, 1990, effective July MO 65102.
8, 1991. For intervening history, please consult the Code of State
Regulations. Amended: Filed Dec. 8, 2016. AUTHORITY: sections 226.020, 226.130, 227.030, and 227.105,
RSMo [2000]2016. Original rule filed Dec. 31, 1990, effective July
PUBLIC COST: This proposed amendment will not cost state agen- 8, 1991. For intervening history, please consult the Code of State
cies or political subdivisions more than five hundred dollars ($500) Regulations. Amended: Filed Dec. 8, 2016.
in the aggregate.
PUBLIC COST: This proposed amendment will not cost state agen-
PRIVATE COST: This proposed amendment will not cost private enti- cies or political subdivisions more than five hundred dollars ($500)
ties more than five hundred dollars ($500) in the aggregate. in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in PRIVATE COST: This proposed amendment will not cost private enti-
support of or in opposition to this proposed amendment with the ties more than five hundred dollars ($500) in the aggregate.
Missouri Department of Transportation, Pamela Harlan, Secretary to
the Commission, PO Box 270, Jefferson City, MO 65102. To be con- NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
sidered, comments must be received within thirty (30) days after pub- support of or in opposition to this proposed amendment with the
lication of this notice in the Missouri Register. No public hearing is Missouri Department of Transportation, Pamela Harlan, Secretary to
scheduled. the Commission, PO Box 270, Jefferson City, MO 65102. To be con-
sidered, comments must be received within thirty (30) days after pub-
lication of this notice in the Missouri Register. No public hearing is
Title 7—DEPARTMENT OF TRANSPORTATION scheduled.
Division 10—Missouri Highways and Transportation
Commission
Chapter 10—Contractor Performance Rating to Title 7—DEPARTMENT OF TRANSPORTATION
Determine Responsibility Division 10—Missouri Highways and Transportation
Commission
PROPOSED AMENDMENT Chapter 15—Contractor Prequalification
7 CSR 10-10.070 Procedure for Annual Rating of Contractors. PROPOSED AMENDMENT
The Missouri Highways and Transportation Commission is amending
section (4). 7 CSR 10-15.010 Prequalification to Bid of Certain Contractors.
The Missouri Highways and Transportation Commission is amending
PURPOSE: This proposed amendment clarifies the actions available sections (1) through (7).
to a contractor upon receiving an unacceptable rating.
PURPOSE: This proposed amendment identifies that only electronic
(4) Review Process. If the contractor disagrees with any performance bids will be received and clarifies that the Construction and
measure finding on the contractor performance project evaluation Materials Division is responsible for prequalification determinations.
and cannot resolve the dispute with the resident engineer, it may
request in writing that the district engineer review the matter. Such (1) Definitions.
request must be made to the district engineer within twenty-eight (A) The following definitions apply to this rule:
(28) days from the date of the mailing of the project evaluation to the 1. “Commission” means the Missouri Highways and
contractor. However, the contractor’s representative shall first have Transportation Commission and all its members, jointly and severally;
discussed the project evaluation response with the resident engineer 2. “Department” means the Missouri Highways and
in order to resolve the dispute. Upon receiving the contractor’s writ- Transportation Department, which may also be commonly referred
ten request to review the disputed performance measure finding on to as the Missouri Department of Transportation. “Department”
the project evaluation, the district engineer shall review the matter includes the chief engineer and all other officers and employees of
January 17, 2017
Vol. 42, No. 2 Missouri Register Page 89
the department, unless the text of this rule clearly indicates a con- [(Cum. Supp. 1996)], the department, prior to any contract award,
trary construction is intended; shall notify all contractors which bid on that highway project and the
3. “Chief engineer” means the chief engineer of the depart- commission of the erroneous acceptance of the bid from a contractor
ment; or if that position is vacant, then it means the [deputy]assis- which was not properly prequalified under this rule, showing that the
tantchief engineer; matter has been corrected, and that action shall render null and void
4. “Highway project” means any type or combination of exca- the prior erroneous bid acceptance.
vation, construction, demolition, maintenance, fabrication, paving, (C) A contractor which is neither [qualified] prequalified nor
dredging, repair, erection, electrical, landscaping, seeding and exempt from qualification under this rule may be prequalified by sat-
mulching, erosion control, installation, manufacturing, transporta- isfying the specific criteria set forth below in section (4) of this rule.
tion, or other work, done under a contract with the commission or
department on or for any existing or proposed road, highway, or (4) Contractor Prequalification Responsibility.
bridge in the Missouri state highway system; (B) Submitting the Prequalification Contractor Questionnaire to
5. “Contract” means a written agreement between a contractor the Department.
and the commission or department, including, but not limited to, a 1. The prequalification contractor questionnaire must be com-
purchase order or similar writing. A contract may include two (2) pleted fully and accurately, personally signed and notarized, and
or more different highway projects as part of a required or permissive mailed or delivered(including electronic means) to the department
combination; and so that it is received by the appropriate departmental staff no less
6. “Cost estimate” means the contractor’s own estimate, in the than seven (7) calendar days prior to the date and hour the contractor
form of a complete and responsive bid, submitted by a contractor for anticipates bidding on any Missouri highway project. However, if
a highway project. [The contractor’s cost estimate may be the contractor already has a standard contractor questionnaire on file
adjusted for mathematical and clerical accuracy by the with the department, it may bid on any Missouri highway project
department. This adjustment by the department will be con- which the contractor’s bid estimates will cost two (2) million dollars
sidered to be part of the contractor’s cost estimate. A con- or below.
tractor’s bid (as adjusted) on a highway project is equivalent 2. The prequalification contractor questionnaire must be mailed
to that contractor’s cost estimate.] or delivered to:
7. All bids shall be submitted electronically using the depart- Division Engineer, [Design]Construction and Materials
ment’s electronic bidding process. Missouri Department of Transportation
[105 W. Capitol Avenue]1617 Missouri Boulevard
(2) Application of this Rule. P[.]O[.]Box 270
(A) This rule does not apply to— Jefferson City, MO 65102-0270
1. Any contractor which has a valid prequalification contractor (C) Delivery may be in person, by a representative or agent, or by
questionnaire on file with the department, and which contractor any United States Postal Service or express delivery company, with-
(including, in the case of a partnership or joint venture, any compo- out restriction, or electronically, as long as it is complete and
nent contractor) has performed any work for the department within received in the appropriate office of the department no later than
the five (5) years preceding the date that contractor’s bid for any seven (7) calendar days prior to the date and hour the contractor’s bid
highway project, or combination of projects, shall be opened by the will be opened by the department.
department; (E) The contractor will be notified in writing if the prequalification
2. Any contractor which has a valid prequalification contractor contractor questionnaire is incomplete or insufficient in any respect. If
questionnaire on file with the department, which has performed no practicable, notification will be made by facsimile transmission as well
work for the department within the five (5) years preceding the date as by first class United States mail, or electronically, so that the con-
that contractor’s bid for any highway project or combination of pro- tractor is aware of the problem prior to submitting any highway pro-
jects shall be opened by the department, and which submits a bid (or ject bid to the department.
cost estimate) on each individual highway project at or below two (2)
million dollars; and (5) Departmental Review and Contractor Prequalification.
3. A contractor which meets the requirements of either para- (B) If, in the discretion of the designated staff of the department,
graph (2)(A)1. or 2. of this rule is exempt from having to be prequal- the contractor’s prequalification contractor questionnaire and attach-
ified to bid under section 227.105, RSMo [(Cum. Supp. 1996)], ments show that the contractor should be qualified to bid on highway
effective August 28, 1996. projects of the type(s) the contractor has requested prequalification
for, the department will notify the contractor in writing by first class
(3) Contractor Prequalification Required toSubmit Bid, When. United States mail, and/or electronically. The department may also
(B) A bid (or cost estimate) on any highway project submitted by notify the contractor by phone or facsimile transmission if a highway
a contractor which is not prequalified or exempt from prequalifica- project bid opening date is approaching, but there is no obligation
tion under subsection (2)(A) of this rule shall not be accepted by the upon the department to do so. The contractor may also contact the
department or commission[, but shall be returned to the con- department by phone, facsimile transmission, or electronically, or in
tractor]. Acceptance by the department only occurs if the highway writing, to confirm that its prequalification contractor questionnaire
project bid of the contractor is received, opened, and the total bid has been approved.
publicly read by the department. [The fact that agents of the (C) If, in the discretion of the designated staff of the department,
department and/or commission may have received a sealed the contractor’s prequalification contractor questionnaire and attach-
bid envelope for a highway project(s), or may have opened ments do not show that the contractor is qualified to bid on any one
that sealed bid envelope, does not constitute acceptance by (1) or more of the type(s) of highway project for which the contractor
the department or commission of that bid, unless and until has requested prequalification, that departmental staff shall notify the
the total bid is publicly read or published by the department.] contractor applicant in writing,or electronically,that the application
If part of a combination bid is legally acceptable and another portion is still undergoing review, and shall refer the matter to the chief engi-
is not (such as in permissive combinations which are not qualified neer; or if the chief engineer is unavailable, the [deputy] assistant
“All or none”), the department shall accept that portion which was chief engineer; or if they are unavailable, to the [assistant chief]
legally bid and shall not accept the rest. If the department inadver- appropriate division engineer[, design]. That individual shall
tently errs in accepting a bid on a highway project which it should make the final administrative decision on behalf of the department,
not have accepted under this rule and section 227.105, RSMo as to whether the contractor is or is not prequalified to bid on any or
January 17, 2017
Page 90
Proposed Rules Vol. 42, No. 2
all types of highway projects for which prequalification is requested. AUTHORITY: sections 226.130 and 227.105, RSMo [Supp. 1996
That individual shall act no later than twenty-one (21) calendar days and 226.130 Supp. 1995] 2016. Emergency rule filed Aug. 15,
after the date the completed prequalification contractor questionnaire 1996, effective Aug. 28, 1996, terminated Nov. 22, 1996. Emergency
with all attachments was received. [No further appeal or review filed Nov. 12, 1996, effective Nov. 22, 1996, expired March 31,
within the department is available.] 1997. Original rule filed, Aug. 15, 1996 as 7 CSR 10.15.900
(D) If a contractor is dissatisfied with the final administrative deci- changed to 7 CSR 10-15.010, effective Feb. 28, 1997. Amended: Filed
sion made by the department on its prequalification contractor ques- Dec. 8, 2016.
tionnaire, the contractor may request in writing, or electronically,
within twenty-one (21) calendar days of the date of mailing by the PUBLIC COST: This proposed amendment will not cost state agen-
department of the administrative review that the commission review cies or political subdivisions more than five hundred dollars ($500)
the final administrative decision made by the department. A contrac- in the aggregate.
tor is not obligated to seek commission review in order to preserve
its rights. Any request for commission review shall be made [in trip- PRIVATE COST: This proposed amendment will not cost private enti-
licate writing]to: ties more than five hundred dollars ($500) in the aggregate.
Commission Secretary
Missouri Highways and NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
Transportation Commission support of or in opposition to this proposed amendment with the
Missouri Department of Transportation, Pamela Harlan, Secretary to
105 West Capitol Avenue
the Commission, PO Box 270, Jefferson City, MO 65102. To be con-
P[.]O[.]Box 270
sidered, comments must be received within thirty (30) days after pub-
Jefferson City, MO 65102-0270
lication of this notice in the Missouri Register. No public hearing is
scheduled.
The request for review shall state specifically and completely the
legal and factual basis upon which the contractor believes its prequal-
ification application was denied in error. [No new documentation
Title 7—DEPARTMENT OF TRANSPORTATION
or information may be submitted at this time which was not
Division 10—Missouri Highways and Transportation
made a part of the originally-filed prequalification contractor
Commission
questionnaire.] At the commission’s sole discretion, the commis-
Chapter 18—Contractor Disqualification for Misconduct
sion shall decide if it wishes to review the final departmental deci-
sion. If the commission elects to itself review that decision, it shall
PROPOSED AMENDMENT
make its review when it deems best, upon the records and documents
in the possession of the department. There will be no further brief-
7 CSR 10-18.010 Definitions. The Missouri Highways and
ing, personal appearance, argument, or presentation to the commis-
Transportation Commission is amending subsection (1)(P).
sion by the contractor or its representative, agent, or attorney. The
commission’s decision on that record shall supersede the prior deci-
PURPOSE: This proposed amendment clarifies the review board par-
sion of the department, and shall then constitute the final administra-
ticipants.
tive decision. If the commission elects in its sole discretion to not
review the department’s decision, then that departmental decision
(1) Definitions. The following definitions apply to this chapter:
shall stand as the final administrative decision.
(P) Review board. The review board for purposes of this chapter
consists of three (3) or more of the following: the assistant chief engi-
(6) Effect of Contractor Prequalification.
neer[—operations or the assistant chief engineer—design,
(E) Any contractor which files a prequalification contractor ques-
chair, as designated by the chief engineer]; [the]and two (2)
tionnaire unnecessarily, because it has done highway project work for
appropriate division engineers or directors from the following divi-
the department or commission within at least the last four (4) years,
sions as designated by the chief engineer: design, construction and
will not have the questionnaire rejected for that reason. Instead, the
materials, maintenance, traffic and highway safety, and bridge[,
contractor will be informed in writing,or electronically,that its con-
audit and business analysis, research and development and
tractor questionnaire has been accepted, and that the contractor could
technology; and construction; and the chief counsel]; or any
have filed a standard contractor questionnaire instead.
of their designates;
(7) Miscellaneous Provisions. AUTHORITY: Art. IV, section 29, Mo. Const., sections 226.020,
(A) All information submitted by a contractor, its bonding compa- 226.130, 226.150, 227.030, 227.100,and 227.210, RSMo [(1994),
ny or others to the department relevant to a determination of mini- 226.130, RSMo (Cum. Supp. 1996)] 2016 and Title 49 Code
mum qualifications to bid under section 227.105, RSMo [(Cum. of Federal Regulations part 29. Original rule filed Dec. 12, 1996,
Supp. 1996)], and all information used by the department to deter- effective June 30, 1997. Amended: Filed Dec. 8, 2016.
mine the contractor’s prequalification to bid under that statute and
this rule, is protected from disclosure pursuant to the provisions of PUBLIC COST: This proposed amendment will not cost state agen-
that statute and section 610.021, RSMo [(Supp. 1995), as it may cies or political subdivisions more than five hundred dollars ($500)
be amended]. in the aggregate.
(B) The provisions of this rule are intended to be severable. If any
provision is found by a court of competent jurisdiction to be invalid, PRIVATE COST: This proposed amendment will not cost private enti-
unlawful, or unconstitutional, the remaining provisions of the rule ties more than five hundred dollars ($500) in the aggregate.
are intended to be valid unless the court finds the valid provisions of
the rule are so essentially and inseparably connected with, and so NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
dependent upon, the void provision that it cannot be presumed the support of or in opposition to this proposed amendment with the
commission would have promulgated the valid provisions without the Missouri Department of Transportation, Pamela Harlan, Secretary to
void one; or unless the court finds that the valid provisions, standing the Commission, PO Box 270, Jefferson City, MO 65102. To be con-
alone, are incomplete and are incapable of being executed in accor- sidered, comments must be received within thirty (30) days after pub-
dance with the commission’s intent or with section 227.105, RSMo lication of this notice in the Missouri Register. No public hearing is
[(Cum. Supp. 1996)]. scheduled.