reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.120 - Referral for admission to facility, when — admission or rejection, appeal — consent.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
• Effective - 28 Aug 2011
633.120. Referral for admission to facility, when — admission or rejection, appeal — consent. —
1. A regional center may refer a client for admission to a developmental disability facility only if determined by a comprehensive evaluation that:
(1) The person has a developmental disability;
(2) Protective services are required to guarantee the health, safety or mental well-being of the person;
(3) Placement in a developmental disability facility is in the best interests of the person; and
(4) All other less restrictive services, including but not limited to family support and supported living, have been explored and found inadequate to prevent placement in a developmental disability facility.
2. The regional center shall forward its comprehensive evaluation containing the determination under subsection 1 of this section and such other records as are necessary to enable the developmental disability facility to determine whether to accept or reject the referral.
3. The head of a private developmental disability facility may, and the head of a department developmental disability facility shall, admit the person if, as a result of reviewing the evaluation, the head of the developmental disability facility determines that the client is appropriate for admission as a resident and suitable accommodations are available. If the head of a department developmental disability facility rejects the referral, the regional center may appeal the rejection to the division director. After consulting with the head of the referring regional center and the head of the department developmental disability facility, the division director shall determine the appropriate disposition of the client.
4. The person to be admitted, if competent, his parent or legal custodian, if he is a minor, or his guardian, as authorized by a court, shall consent to the admission unless otherwise ordered by a court.
5. The head of a developmental disability facility shall have an individualized habilitation plan for each resident within thirty days of the resident's admission. Such plan shall include a statement regarding the resident's anticipated length of stay in the facility and the feasibility of least restrictive alternatives.
6. If procedures are initiated under chapter 475 for the appointment of a guardian for a resident of a department developmental disability facility, the referral procedure under this section shall not apply.
­­--------
(L. 1980 H.B. 1724, A.L. 1990 H.B. 1383, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.125 - Discharge from facility, when — may be denied, procedure thereafter — referral to regional center for placement, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
• Effective - 28 Aug 2023, 2 histories
633.125. Discharge from facility, when — may be denied, procedure thereafter — referral to regional center for placement, when. —
1. A resident admitted to a developmental disability facility pursuant to section 633.120 shall be discharged immediately when the person who applied for his or her admission requests the release orally, in writing or otherwise from the head of the developmental disability facility; except, that if the head of the developmental disability facility regards the resident as presenting a likelihood of serious harm to himself or herself or others, the head of the facility may initiate involuntary detention procedures pursuant to chapter 632, if appropriate, or any individual, including the head of the facility, may initiate guardianship proceedings and, if appropriate, obtain an emergency commitment order pursuant to chapter 475.
2. A resident shall be discharged from a department developmental disability facility if it is determined in a comprehensive evaluation or periodic review that the person is not intellectually disabled or developmentally disabled, and if the resident, parent, if a minor, or guardian consents to the discharge. If consent is not obtained, the head of the facility shall initiate appeal proceedings under section 633.135, before a resident can be discharged.
3. A resident shall either be discharged from a department developmental disability facility or shall be referred to a regional center for placement in a least restrictive environment pursuant to section 630.610, if it is determined in a comprehensive evaluation or periodic review that the following criteria exist:
(1) The resident's condition is not of such a nature that for the protection or adequate care of the resident or others the resident needs department residential habilitation or other services;
(2) The developmental disability facility does not offer a program which best meets the resident's needs; or
(3) The developmental disability facility does not provide the least restrictive environment feasible. A resident may not be discharged without his or her consent or the consent of his or her parent, if he or she is a minor, or guardian unless proceedings have been completed under section 633.135.
4. After a resident's discharge pursuant to subsection 3 of this section, the resident shall be referred to an appropriate regional center for assistance in obtaining any necessary services.
­­--------
(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841, A.L. 2011 H.B. 555 merged with H.B. 648, A.L. 2023 S.B. 106)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.130 - Evaluation of residents required — discharge thereafter.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
• Effective - 28 Aug 2011
633.130. Evaluation of residents required — discharge thereafter. —
1. At least once every one hundred eighty days, the head of each developmental disability facility shall cause the condition and status of each resident to be reviewed and evaluated for the purpose of determining whether the resident needs further residential habilitation, placement in the least restrictive environment or discharge.
2. The head of the facility shall initiate proceedings to discharge any resident whose continued residential habilitation is no longer appropriate; except, that the head of the facility may refer the resident to the appropriate regional center for placement pursuant to section 630.610.
3. A copy of the evaluation and individualized habilitation plan shall be sent to any court having jurisdiction over the resident.
­­--------
(L. 1980 H.B. 1724, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.140 - Return of absentee, procedure.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011
633.140. Return of absentee, procedure. —
1. If any resident leaves a developmental disability facility without authorization, the sheriff of the county where the resident is found shall apprehend and return him to the center if requested to do so by the head of the facility.
2. The head of the facility may request the return of an absent resident pursuant to subsection 1 of this section only when one of the following circumstances exists:
(1) The resident is a minor whose admission was applied for by his parent or legal custodian, and such parent or guardian has not requested the resident's release;
(2) The resident is a minor under the jurisdiction of the juvenile court;
(3) The resident has been declared legally incapacitated and his guardian has not requested his release; or
(4) The resident's condition is of such a nature that, for the protection of the resident or others, the head of the facility determines that the resident's return to the facility is necessary. Such determination shall be noted in the resident's records.
­­--------
(L. 1980 H.B. 1724, A.L. 1983 S.B. 44 & 45, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.145 - Transfer of patient between facilities by department — notice, consent.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011
633.145. Transfer of patient between facilities by department — notice, consent. —
1. The department may transfer a resident from one department developmental disability facility to another if the division director determines that such transfer is desirable to provide the resident improved habilitation or other services, to better insure his safety and welfare, or to locate him in closer proximity to his family and friends.
2. Transfers may only be made to a private developmental disability facility pursuant to section 630.610.
3. Determinations by the division director pursuant to this section shall be written and noted in the resident's records. The division director shall notify the resident, his guardian or next of kin of such determination. The department shall not transfer any resident unless it receives the consent of the resident, his guardian or his parent, if the resident is a minor.
­­--------
(L. 1980 H.B. 1724, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.150 - Transfer of patient to mental health facility by head of developmental disability facility, how.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011
633.150. Transfer of patient to mental health facility by head of developmental disability facility, how. —
The head of a developmental disability facility may transfer a resident to a mental health facility only under the provisions of chapter 632. The director shall order that such resident be returned to the developmental disability facility when the resident is no longer in need of psychiatric care and treatment.
­­--------
(L. 1980 H.B. 1724, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.155 - Admission for respite care for limited time only.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011
633.155. Admission for respite care for limited time only. —
1. The division may provide or obtain respite care for an intellectually disabled or developmentally disabled person for respite care of up to twenty-one days which may be extended up to an additional twenty-one days for good cause shown. Any additional respite care beyond forty-two days within a one-year period shall be expressly approved by the director of the division.
2. Notwithstanding the provisions of section 633.120 and section 475.120, a regional center may admit an intellectually disabled or developmentally disabled person who has been declared legally incapacitated for respite care without a court order authorizing the guardian of such person to obtain such care of up to twenty-one days for good cause shown.
­­--------
(L. 1980 H.B. 1724, A.L. 1983 S.B. 44 & 45, A.L. 1990 H.B. 1383, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.160 - Emergency admission may be made, duration, conditions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011
633.160. Emergency admission may be made, duration, conditions. —
If a person presents himself, or is presented, to a regional center or department developmental disability facility and is determined to be intellectually disabled or developmentally disabled and, as a result, presents an imminent likelihood of serious harm to himself or others as defined in chapter 632, the regional center or developmental disability facility may accept the person for detention for evaluation and treatment for a period not to exceed ninety-six hours under the same procedures contained in chapter 632. The head of the regional center or developmental disability facility may initiate guardianship proceedings to have the person detained beyond the ninety-six hours under chapter 475, or may refer the person to a mental health facility, if the person is mentally ill, for further detention under the procedures in chapter 632.
­­--------
(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.170 - Definitions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
• Effective - 28 Aug 2014
633.170. Definitions. —
As used in sections 633.170 to 633.195
*
and section 208.500
**
, the following terms mean:
(1)
"Adult"
, a person eighteen years of age or older;
(2)
"Child"
, a person under the age of eighteen;
(3)
"Developmental disability"
, a disability which:
(a) Is attributable to:
a. Intellectual disability, cerebral palsy, epilepsy, head injury or autism, or a learning disability related to a brain dysfunction; or
b. Any other mental or physical impairment or a combination of mental and physical impairments;
(b) Is manifested before the person attains age twenty-two;
(c) Is likely to continue indefinitely; and
(d) Results in substantial functional limitations in two or more of the following areas of major life activities:
a. Self-care;
b. Receptive and expressive language development and use;
c. Learning;
d. Self-direction;
e. Capacity for independent living or economic self-sufficiency; and
f. Mobility;
(e) Reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, or other services;
(f) Reflects the person's need for services and supports which may be of lifelong or extended duration and are individually planned and coordinated;
(4)
"Family or private caregiver"
, the person or persons with whom the individual who has a developmental disability resides or who is primarily responsible for the physical care, education, health, and nurturing of the person with a disability. The term does not apply to persons providing care through hospitals, habilitation centers, nursing homes, group homes, or any other such institution;
(5)
"Family support"
, services and helping relationships whose purpose is to maintain and enhance family caregiving. Family support may be one or many services that enable individuals with disabilities to reside within the family home and remain integrated within their community and are:
(a) Based on individual and family needs;
(b) Identified by the family;
(c) Easily accessible for the family;
(d) Flexible and varied to meet the ever-changing needs of family members;
(e) Provided in a timely manner; and
(f) Family-centered and culturally sensitive;
(6)
"Family support program"
, a coordinated system of family support services which enhance family caregiving, strengthen family functioning, reduce family stress, foster community integration, promote individual and family independence and encourage economic self-sufficiency for the purpose of helping children with developmental disabilities remain with their families.
­­--------
(L. 1993 H.B. 330 § 1, A.L. 2014 H.B. 1064)
*Section 633.195 does not exist.
**Section 208.500 was repealed by H.B. 1608, 2012.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.175 - Community awareness program — administration of family support program.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
• Effective - 28 Aug 1993
633.175. Community awareness program — administration of family support program. —
1. Each regional center established pursuant to the provisions of section 633.040 shall make its community aware of the family support program and determine eligibility for services.
2. Each regional advisory council established pursuant to the provisions of section 633.190 shall administer the family support program from resources provided by each regional center.
­­--------
(L. 1993 H.B. 330 § 2)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.190 - Promulgation of rules.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
• Effective - 28 Aug 2011
633.190. Promulgation of rules. —
1. The division of developmental disabilities, in cooperation with the Missouri planning council for developmental disabilities, shall adopt policies and procedures and, when necessary, shall promulgate rules and regulations regarding:
(1) Program guidelines and specifications;
(2) Additional duties of the regional advisory councils;
(3) Annual evaluation of services provided by each regional center, including an assessment of consumer satisfaction;
(4) Coordination of the family support program and the use of its funds throughout the state and within each region, with other publicly funded programs, including Medicaid;
(5) Methodology for allocating resources to families with the funds available;
(6) Resolution of grievances filed by families pertaining to actions of the family support program;
(7) Methodology for outreach and education.
2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
­­--------
(L. 1993 H.B. 330 § 5, A.L. 1995 S.B. 3, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.210 - Office of autism services established, duties — autism spectrum disorder defined.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011, 2 histories
633.210. Office of autism services established, duties — autism spectrum disorder defined. —
1. There is hereby established in the department of mental health within the division of developmental disabilities, an "Office of Autism Services". The office of autism services, under the supervision of the director of the division of developmental disabilities, shall provide leadership in program development for children and adults with autism spectrum disorders, to include establishment of program standards and coordination of program capacity.
2. For purposes of this section, the term
"autism spectrum disorder"
shall be defined as in standard diagnostic criteria for pervasive developmental disorder, to include: autistic disorder; Asperger's syndrome; pervasive developmental disorder-not otherwise specified; childhood disintegrative disorder; and Rett's syndrome.
­­--------
(L. 2008 S.B. 768 § 633.225, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.300 - Group homes and facilities subject to federal and state law — workers subject to training requirements — rulemaking authority.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011, 2 histories
633.300. Group homes and facilities subject to federal and state law — workers subject to training requirements — rulemaking authority. —
1. All group homes and developmental disability facilities as defined in section 633.005 shall be subject to all applicable federal and state laws, regulations, and monitoring, including but not limited to sections 630.705 to 630.805.
2. All mental health workers, as defined in subdivision (8) of section 210.900, shall be subject to the same training requirements established for state mental health workers with comparable positions in public group homes and mental health facilities. Such required training shall be paid for by the employer.
3. Group homes and developmental disability facilities shall be subject to the same medical errors reporting requirements of other mental health facilities and group homes.
4. The department shall promulgate rules or amend existing rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
­­--------
(L. 2008 S.B. 1081, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.303 - Termination of workers on disqualification registry.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011, 2 histories
633.303. Termination of workers on disqualification registry. —
Any employee, including supervisory personnel, of a group home or developmental disability facility who has been placed on the disqualification registry pursuant to section 630.170 shall be terminated. Such requirements shall be specified in contracts between the department and providers pursuant to this section.
­­--------
(L. 2008 S.B. 1081, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.306 - Comprehensive report required, contents — annual report to general assembly, contents.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2008
633.306. Comprehensive report required, contents — annual report to general assembly, contents. —
1. Beginning January 1, 2009, all mental health facilities shall, on an annual basis, submit a comprehensive report to the department on any staff and personnel turnover at the facility. Such report shall include the number, job description, salary, and duration of employment regarding such staff and personnel turnover. Such reports shall be submitted no later than thirty days after the end of each calendar year.
2. Beginning January 1, 2009, the department shall collect the information submitted under subsection 1 of this section and submit an annual report to the general assembly on or before March fifteenth of each year regarding the staff and personnel turnover at mental health facilities. Such report shall include information that is specific to each facility, as well as information inclusive of all such facilities.
­­--------
(L. 2008 S.B. 1081)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.309 - No transfer to homes or facilities with noncompliance notices.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011, 2 histories
633.309. No transfer to homes or facilities with noncompliance notices. —
The department of mental health shall not transfer any person to any group home or developmental disability facility that has received a notice of noncompliance, until there is an approved plan of correction pursuant to sections 630.745 and 630.750.
­­--------
(L. 2008 S.B. 1081, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.012 - Burden of proof in contested cases heard by administrative hearing commission, exceptions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2013, 2 histories
*640.012. Burden of proof in contested cases heard by administrative hearing commission, exceptions. —
In all contested case administrative appeals heard by the administrative hearing commission pursuant to section 621.250, the burden of proof shall be upon the department of natural resources to demonstrate the lawfulness of the finding, order, decision or assessment being appealed, except that in matters involving the denial of a permit, license or registration, the burden of proof shall be on the applicant for such permit, license or registration.
­­--------
(L. 2002 S.B. 984 & 985 § 640.825, A.L. 2013 H.B. 28 merged with H.B. 650)
Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)
*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.013 - Appeals from certain environmental decisions to be heard by administrative hearing commission.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2008, 2 histories
640.013. Appeals from certain environmental decisions to be heard by administrative hearing commission. —
The administrative hearing commission shall have the authority to hear certain environmental appeals in accordance with section 621.250.
­­--------
(L. 2005 H.B. 824, A.L. 2008 H.B. 1469)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.016 - Permit restrictions by department of natural resources prohibited in absence of statutory authority — permit issuance procedures — denial of permit, basis to be detailed — approval of permit not to be altered for one year, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 2014, 2 histories
640.016. Permit restrictions by department of natural resources prohibited in absence of statutory authority — permit issuance procedures — denial of permit, basis to be detailed — approval of permit not to be altered for one year, when. —
1. The department of natural resources shall not place in any permit any requirement, provision, stipulation, or any other restriction which is not prescribed or authorized by regulation or statute, unless the requirement, provision, stipulation, or other restriction is pursuant to the authority addressed in statute.
2. Prior to submitting a permit to public comment the department of natural resources shall deliver such permit to the permit applicant at the contact address on the permit application for final review. In the interest of expediting permit issuance, permit applicants may waive the opportunity to review draft permits prior to public notice. The permit applicant shall have ten days to review the permit for errors. Upon receipt of the applicant's review of the permit, the department of natural resources shall correct the permit where nonsubstantive drafting errors exist. The department of natural resources shall make such changes within ten days and submit the permit for public comment. If the permit applicant is not provided the opportunity to review permits prior to submission for public comment, the permit applicant shall have the authority to correct drafting errors in their permits after they are issued without paying any fee for such changes or modifications.
3. In any matter where a permit is denied by the department of natural resources pursuant to authorities granted in this chapter and chapters 260, 278, 319, 444, 643, and 644, the hazardous waste management commission in chapter 260, the state soil and water districts commission in chapter 278, the Missouri mining commission in chapter 444, the safe drinking water commission in this chapter, the air conservation commission in chapter 643, and the clean water commission in chapter 644, such denial shall clearly state the basis for such denial.
4. Once a permit or action has been approved by the department, the department shall not revoke or change, without written permission from the permittee, the decision for a period of one year or unless the department determines that immediate action is necessary to protect human health, public welfare, or the environment.
­­--------
(L. 2004 H.B. 980 § 640.018, A.L. 2014 S.B. 642)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.023 - Permitting or regulatory action based solely on guidance, prohibited when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 2023
640.023. Permitting or regulatory action based solely on guidance, prohibited when. —
Notwithstanding any provision of law to the contrary, the department of natural resources shall not take any permitting or regulatory action based solely on guidance that has not been promulgated as a regulation, unless such use of guidance is agreed to by the permittee or person subject to such regulatory action.
­­--------
(L. 2023 S.B. 109)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.026 - Enforcement and penalties, list of documents produced for external dissemination — JCAR review, contents.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 2013
*640.026. Enforcement and penalties, list of documents produced for external dissemination — JCAR review, contents. —
1. The department of natural resources shall, by December 1, 2013, and annually thereafter, develop a list of all documents produced for external dissemination, excluding permits, that the department utilizes to implement enforcement actions or penalties levied by the department which have not been established in statute or have not been promulgated pursuant to chapter 536. The list and all documents referenced shall be provided to the joint committee on administrative rules for the purpose of a review, in consultation with the department, to determine if the documents are statements of general applicability that implement, interpret, or prescribe law or policy that should be subject to the rulemaking process prescribed in chapter 536.
2. All documents, excluding permits and rules, produced by the department for external dissemination shall contain:
(1) The name of the department;
(2) The name of the division of the department, if applicable;
(3) The name of the director of the division, if applicable;
(4) The calendar date on which the document was produced; and
(5) A disclosure statement stating: "Nothing in this document may be used to implement any enforcement action or levy any penalty unless promulgated by rule under chapter 536 or authorized by statute.".
3. The list and all documents required by this section to be provided to the joint committee on administrative rules shall be satisfied by providing either physical copies of both a list and all documents, excluding permits, or by providing a list of documents accompanied by a separate uniform resource locator for each listed document.
­­--------
(L. 2013 H.B. 28 merged with H.B. 650)
Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)
*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.030 - Interagency plan, department of natural resources and department of conservation.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 1990
640.030. Interagency plan, department of natural resources and department of conservation. —
The department of natural resources and the department of conservation shall develop an interagency plan and execute an interagency agreement regarding the application and use of any portion of funds authorized for the respective departments by provisions of the Constitution, taking into consideration the purposes for which the voters approved the funds and the extent to which expenditures under the provisions of sections 252.300 to 252.333, or sections 620.552 to 620.574, accomplish such purposes. Such interagency agreements shall not be subject to legislative review or oversight and are not rules within the meaning of any law providing for review by the general assembly or any committee thereof.
­­--------
(L. 1990 H.B. 1653 § 25)
Expired 12-31-92
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.033 - Department may not adopt certain rules.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 1992
640.033. Department may not adopt certain rules. —
The department of natural resources or any division thereof shall not adopt any rules with regard to emissions of power plants fired by Missouri coal which are more stringent than any federal law or regulation.
­­--------
(L. 1992 S.B. 544 § 2)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.035 - Environmental control — conservation programs — department's duty to maintain records, content.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 09 Jun 1998, see footnote
640.035. Environmental control — conservation programs — department's duty to maintain records, content. —
For any program relating to environmental control and the conservation and management of natural resources assigned to the department of natural resources or any division thereof, if the department maintains records of site inspections and violations of statutes, rules, or the terms or conditions of any permit by any entity subject to regulation by such program, the department shall also maintain records of compliance with such statutes, rules, or terms or conditions of any permit, and shall specifically record in such records any actions taken by the entity subject to regulation by the program that are above and beyond what is minimally required for compliance if the entity provides written notification of such action to the department at or before the time of the inspection.
­­--------
(L. 1998 H.B. 1161)
Effective 6-09-98
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.040 - Cleanup of controlled substance laboratories — rules — fund.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 1998
640.040. Cleanup of controlled substance laboratories — rules — fund. —
1. The department of natural resources may provide the resources and personnel to assist in the cleanup and disposal of the hazardous substances including, but not limited to chemicals intended for use in or resulting from the manufacture or production of controlled substances.
2. The department of natural resources may recover the costs of such cleanup and disposal from the parties responsible for the manufacture or production of controlled substances.
3. The department of natural resources may adopt such rules as are necessary for the implementation and operation of this section.
4. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.
5. There is hereby created in the state treasury the "Controlled Substances Cleanup Fund", which shall contain any funds designated for controlled substances cleanup, including, but not limited to, funds derived from private gifts and grants as well as federal and state grants, payments and appropriations. The provisions of section 33.080 to the contrary notwithstanding, moneys in the fund shall not lapse. Interest received on such deposits shall be credited to the controlled substances cleanup fund.
­­--------
(L. 1998 H.B. 1147, et al. § 8)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.045 - Revolving fund for cash transactions for sale of items made by Department of Natural Resources divisions established.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 2011
640.045. Revolving fund for cash transactions for sale of items made by Department of Natural Resources divisions established. —
Upon a request from the director of the department of natural resources, the commissioner of administration shall draw a warrant payable to any and all of the directors of the various divisions of the department in amounts to be specified by the director of the department of natural resources, but such amounts shall not exceed the sum of five hundred dollars each. The sum so specified shall be placed in the hands of the director of the relevant division as a revolving fund to be used in the cash transactions involving the sale of items made by that division. All transactions shall be made in accordance with rules and regulations established by the commissioner of administration.
­­--------
(L. 2011 H.B. 190)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.065 - Revolving services fund created, use of moneys.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2013
*640.065. Revolving services fund created, use of moneys. —
1. The "Department of Natural Resources Revolving Services Fund" is hereby created. All funds received by the department of natural resources from the delivery of services and the sale or resale of maps, plats, reports, studies, records, and other publications and documents, on paper or in electronic format, shall be credited to the fund. The director of the department shall administer the fund. The state treasurer is the custodian of the fund and may approve disbursements from the fund requested by the director of the department. When appropriated, moneys in the fund shall be used to purchase goods, equipment, hardware and software, maintenance and licenses, software and database development and maintenance, personal services, and other services that will ultimately be used to provide copies of information maintained or provided by the department, reprint maps, publications or other documents requested by governmental agencies or members of the general public; to publish the maps, publications, or other documents; to purchase maps, publications, or other documents for resale; and to pay shipping charges, laboratory services, core library fees, workshop fees, conference fees, and interdivisional cooperative agreements, but for no other purpose.
2. The department of natural resources may produce, reproduce, and sell maps, plats, reports, studies, and records and shall fix the charge therefor. All income received shall be promptly deposited in the state treasury to the credit of the department of natural resources revolving services fund.
3. An unencumbered balance not exceeding one million dollars in the department of natural resources revolving services fund at the end of the fiscal year is exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the general revenue fund.
4. The department of natural resources shall report all income to and expenditures from such fund on a quarterly basis to the house of representatives budget committee and the senate appropriations committee.
­­--------
(L. 2013 H.B. 28 merged with H.B. 650)
Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)
*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.075 - Brochures on Thomas Hart Benton murals and capitol art work, publication.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 2013
*640.075. Brochures on Thomas Hart Benton murals and capitol art work, publication. —
The department of natural resources is authorized to gather data, photographs and such other materials as may be necessary and to prepare, edit and publish from time to time, as deemed necessary, copies of a brochure on the Thomas Hart Benton murals in the house lounge and on other major works of art of the Missouri state capitol. The brochure shall be sold at a price to be set by the department of natural resources. The proceeds from the sale of the brochure shall be deposited in the state treasury to the credit of the natural resources revolving services fund created in section 640.065.
­­--------
(L. 1967 p. 366 § 1, A.L. 1986 H.B. 1467, A.L. 2013 H.B. 28 merged with H.B. 650)
Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)
*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.078 - Federal Clean Water Act and federal Safe Drinking Water Act, tax refunds in violation of — department of natural resources to identify other appropriated funds to department for transfer to the state general revenue fund.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 2004
640.078. Federal Clean Water Act and federal Safe Drinking Water Act, tax refunds in violation of — department of natural resources to identify other appropriated funds to department for transfer to the state general revenue fund. —
1. If a refund mandated under Article X, Section 18, of the Missouri Constitution from the following funds:
(1) The water and wastewater loan fund established pursuant to section 644.122;
(2) The water pollution permit fee subaccount of the natural resources protection fund established in section 640.220;
(3) The water and wastewater loan revolving funds; or
(4) Any fund established by the office of administration for the sole purpose of receiving and distributing state match bond proceeds for the department of natural resources' state revolving fund programs established pursuant to the federal Clean Water Act, the federal Safe Drinking Water Act, or any federal regulation authorized under either federal act,
­­would violate the federal Clean Water Act, the federal Safe Drinking Water Act, or any federal regulation authorized under either federal act, the department of natural resources shall identify an equal amount from other funds appropriated to the department.
2. The commissioner of administration shall transfer the funds identified by the department, that would otherwise be transferred from the funds identified in subsection 1 of this section, to the state general revenue fund for any refund that occurs after August 28, 2004.
­­--------
(L. 2004 H.B. 980 §1)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.080 - E. coli measuring standard — posting of signs when beaches exceed, language — authority to close beaches.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 12 Jul 2013, see footnote
*640.080. E. coli measuring standard — posting of signs when beaches exceed, language — authority to close beaches. —
1. For Missouri state parks' designated swim beaches, a standard that measures E. coli using the Environmental Protection Agency's Method 1603, or any other equivalent method that measures culturable E. coli, with the geometric mean (GM) of weekly sampling of one hundred ninety colony forming units per one hundred milliliters shall be utilized.
2. If beaches exceed the GM standard established in subsection 1 of this section, the department of natural resources shall post the beach with signs that state "Swimming is Not Recommended".
3. The department reserves the right to close a beach in the event of a documented health risk including things such as but not limited to wastewater bypass, extremely high sampling values, spills of hazardous chemicals, or localized outbreaks of an infectious disease.
­­--------
(L. 2013 H.B. 28 merged with H.B. 650)
Effective 7-12-13 (H.B. 28); 9-11-13 (H.B. 650)
*H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
*Revisor's Note: Article III, Sections 29 and 32 of the Missouri Constitution, and Sections 1.130 and 21.250, RSMo, do not specifically address the effective date of a section subject to an emergency clause which is overridden by the general assembly.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.095 - Penalties, imposition of — department duties, procedure.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 2022
640.095. Penalties, imposition of — department duties, procedure. —
In all instances where the department of natural resources has authority to issue penalties and determines that a penalty should be levied, the department shall provide in writing to the alleged violator, together with any claim or demand for a penalty, the factual basis for the violation and a copy of the rules or statutory provisions upon which the department relies for alleging a violation has occurred and determining the appropriate penalty, along with a statement of facts specifying each element of the violation and basis for the penalty, including how the department calculated the penalty, with particularity. This information shall be a complete record so that an alleged violator can understand the alleged violation, the applicability of the rules or statutory provisions, appropriateness of the penalty, and the accuracy of the calculation so that the alleged violator can respond properly to the department. Any statement provided by the department in compliance with this section shall be treated as confidential information and shall not be disclosed to any party except the alleged violator.
­­--------
(L. 2022 H.B. 2485)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.099 - Nonseverability of act.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 2023, 2 histories
640.099. Nonseverability of act. —
Notwithstanding the provisions of section 1.140 to the contrary, the provisions of sections 37.070, 67.4500, 67.4505, 67.4510, 67.4515, 67.4520, 247.060, 253.090, 442.014, 444.771, 444.773, 621.250, 640.018, 640.128, 643.020, 643.040, 643.050, 643.060, 643.079, 643.080, 643.130, 643.191, 643.225, 643.232, 643.237, 643.240, 643.242, 643.245, 643.250, 644.036, 644.054, 644.071, 644.145, 701.033, and this section shall be nonseverable, and if any provision is for any reason held to be invalid, such decision shall invalidate all of the remaining provisions of sections 37.070, 67.4500, 67.4505, 67.4510, 67.4515, 67.4520, 247.060, 253.090, 442.014, 444.771, 444.773, 621.250, 640.018, 640.128, 643.020, 643.040, 643.050, 643.060, 643.079, 643.080, 643.130, 643.191, 643.225, 643.232, 643.237, 643.240, 643.242, 643.245, 643.250, 644.036, 644.054, 644.071, 644.145, 701.033, and this section.
­­--------
(L. 2011 H.B. 89 § 1, A.L. 2023 S.B. 109)