reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.010 - Scope and Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets out the scope of the rules in
				  this chapter and provides definitions to aid in the interpretation of the rules
				  in this chapter.
(1)
				Applicability of Rules. The rules in this chapter apply to all hearings
				conducted pursuant to the enforcement procedures in sections
				374.046
				through 384.049, RSMo and other contested cases arising from provisions in
				Chapters 354 and 374 through 385, RSMo, unless the rules conflict with specific
				statutory hearing requirements, in which case the statutory requirements shall
				prevail. The rules shall be read together with Chapter 536, RSMo.
(2) Definitions.
(A) "Certificate of Authority," the whole or
				part of any certificate of approval or charter granted by the director for any
				insurance company, insurer, association, health services corporation, health
				maintenance organization, or other legal entity insuring risk.
(B) "Director," the director of the
				department.
(C) "Department," the
				Department of Insurance, Financial Institutions and Professional
				Registration.
(D) "License," the
				whole or part of any permit, registration, membership, statutory exemption or
				any other form of permission granted by the director to any person.
(E) "Party," any individual, partnership,
				corporation, association, public or private organization of any character or
				any other governmental agency properly requesting a hearing, named as a
				respondent, seeking to be heard or entitled to intervene in any matter under
				the rules in this chapter.
(F)
				"Respondent," a party in an administrative proceeding before the director and
				against whom administrative relief is sought under section
				374.046
				or
				374.047,
				RSMo or other provisions in Chapters 354 or 374 through 385, RSMo.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.030 - Initiating Hearing Before the Director

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the form and content of
				  the request for hearing, time for filing, number of copies to be filed, the
				  order of hearing, and how notice will be served.
(1) Request for Hearing. A request for
				hearing shall be filed with the director by any party or interested person
				aggrieved by any order or refusal to make an order under Chapters 354 and 374
				through 385, RSMo. Any request for hearing shall contain:
(A) The name of the party requesting the
				hearing;
(B) A brief statement of
				the facts;
(C) A summary of factual
				and legal issues involved;
(D) A
				request for relief; and
(E) The
				name of the attorney representing the party, if any.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.040 - General Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the general procedures
				  for contested matters.
(1)
				Rules of Procedure. The hearings before the director and the Administrative
				Hearing Commission are governed by Chapter 536, RSMo. The hearings before the
				Administrative Hearing Commission pursuant to section
				374.051,
				RSMo are governed by the rules in Chapter 1 CSR 15-3. During the pendency of
				any matter before the Administrative Hearing Commission, the rules in Chapter 1
				CSR 15-3 supersede any rules in this chapter that conflict. The director may
				also be guided by the
Missouri Rules of Civil
				Procedure
.
(2) Place of
				Filing. If the matter is to be heard by the director, all pleadings, documents
				and requests permitted or required to be filed with the department in
				connection with a hearing shall be delivered, mailed, addressed or submitted to
				or filed with the director at the Department of Insurance, Financial
				Institutions and Professional Registration, PO Box 690, 301 West High Street,
				Jefferson City, MO 65102. If the matter is to be heard by the Administrative
				Hearing Commission, all pleadings must be filed with the commission. The party
				filing pleadings or documents shall serve by mail copies of all filed pleadings
				or documents on all parties.
(3)
				Service of Hearing Order/Notice of Hearing. Service of the notice of hearing
				shall be effected upon all parties involved promptly upon issuance of the
				hearing order and notice, but not less than ten (10) days before the date
				designated for the hearing either by United States mail, postage prepaid,
				certified or registered, addressed to the parties' last known address or by
				another means of personal service.
(4) Form of Documents.
(A) Except as otherwise provided, one (1)
				original and two (2) copies of all documents shall be signed by the party or by
				his/her authorized representative or attorney and filed with the
				director.
(B) Documents shall leave
				sufficient space to enter the file number and the title of the proceeding in
				connection with which they are filed.
(C) Documents shall be typewritten or
				reproduced from typewritten copy on eight and one-half by eleven inch (8 1/2" x
				11") white paper.
(D) A certified
				copy may be submitted in lieu of the original.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.050 - Notice of Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets out the timing and content of
				  the notice of hearing.
(1)
				Immediately upon setting a hearing, the director shall serve notice by mail on
				all parties to the matter. Service of notice shall be made by mailing a copy of
				the hearing order required by
				20 CSR
				800-1.030(4) to all parties. If a
				party cannot be reached at the last known address, notice may be given by
				publication pursuant to
Missouri Rules of Civil Procedure
,
				Rule 54.17.
(2) The director may
				serve notice of the hearing on any person the director determines should have
				notice of the hearing.
(3) If there
				is a large group whose rights would be affected by the proceeding, notice will
				be given to a sufficient number of class members as the director determines
				will give adequate notice to the class.
*Original authority: 354.120, RSMo 1973, amended 1983,
					 1993, 1995; 374.045, RSMo 1967, amended 1993, 1995; 374.705, RSMo 1983, amended
					 1993, 2004; 376.1528, RSMo 2007; and 385.218, RSMo
					 2007.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.060 - Answers and Supplementary Pleadings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the form and content of
				  the answer and supplementary pleadings and how they shall be
				  filed.
(1) Answers.
(A) Matters Prosecuted by a Division before
				the Director. In any proceeding in which the Consumer Affairs Division, or any
				other division in the department pursuant to any provision in Chapters 354 and
				374 through 385, RSMo, has submitted a petition or statement of charges to the
				director, or a party challenging the factual basis for an order shall file an
				answer to the assertions made by the division in its petition. The answer shall
				be filed within thirty (30) days of receipt of the hearing order, unless the
				director orders additional time. All answers shall be in writing and should
				admit those portions of the petition which respondent believes are true and
				deny those portions of the petition which respondent believes are not true, or
				for which respondent is without sufficient information to either admit or deny.
				The answer shall contain a concise statement of those facts, which the
				respondent believes are true and relevant to the issues raised in the petition.
				The respondent or legal counsel must sign the answer.
(B) Matters Prosecuted by Others before the
				Director. In those cases where an applicant has filed a petition and a division
				within the department has been assigned the duty to file an answer, the answer
				shall set forth the factual and legal basis for the action of the director.
				Unless the answer specifically pleads that the petition failed to comply with
				20 CSR
				800-1.030, objections for failure to comply will be
				deemed to be waived by the division. Absent a showing that the division has
				complied with the law and these rules, no complaint of an applicant will be
				dismissed without a hearing on the merits.
(C) Matters Referred to or Pending in the
				Administrative Hearing Commission. The hearings before the Administrative
				Hearing Commission pursuant to section
				374.051,
				RSMo, are governed by the rules in Chapter 1 CSR 15-3.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.070 - Prehearing Conferences

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the setting and subject
				  matter of the prehearing conference.
(1) Setting.
(A) In proceedings before the director all
				prehearing conferences shall be held within thirty (30) days of the hearing
				order issued by the director, unless continued by the director for good
				cause.
(B) If legal counsel is
				retained to represent any party, that counsel shall be present at any
				prehearing conferences, unless excused by the director. Parties to a proceeding
				may appear in person with counsel at a prehearing conference.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.080 - Discovery

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines procedures for, and
				  permits time limits on, discovery.
(1) Discovery Schedule. The director or the
				Administrative Hearing Commission may issue orders setting reasonable time
				limits for completion of discovery and may shorten or lengthen the time parties
				have to file answers to discovery requests.
(2) Interrogatories. Any party may serve upon
				any other party written interrogatories, upon and under the same conditions, as
				in civil actions in the circuit court pursuant to
Missouri Rules of
				Civil Procedure
, Rule 57, except as limited by section
				536.073,
				RSMo.
(3) Depositions. Any party
				may take and use depositions in the same manner, upon and under the same
				conditions, as in civil actions in the circuit court pursuant to
Missouri Rules of Civil Procedure
, Rule 57, except as limited
				by section
				536.073,
				RSMo.
(4) Requests for Production
				of Documents. Any party may serve upon any other party a request for documents
				and things, upon and under the same conditions, as in civil actions in the
				circuit court pursuant to
Missouri Rules of Civil Procedure
,
				Rule 58, except as limited by section
				536.073,
				RSMo.
(5) Admission of Facts and of
				Genuineness of Documents. Any party may serve upon any other party a written
				request for the admission of facts or of the genuineness of documents, upon and
				under the same conditions, as in civil actions in the circuit court pursuant to
Missouri Rules of Civil Procedure
, Rule 59, except as limited
				by section
				536.073,
				RSMo.
(6) Enforcement of Discovery:
				Sanctions. The director or the Administrative Hearing Commission may enforce
				discovery or sanction parties, upon and under the same conditions, as in civil
				actions in the circuit court pursuant to
Missouri Rules of Civil
				Procedure
, Rule 61, except as limited by section
				536.073,
				RSMo.
*Original authority: 354.120, RSMo 1973, amended 1983,
					 1993, 1995; 374.045, RSMo 1967, amended 1993, 1995; 374.705, RSMo 1983, amended
					 1993, 2004; 376.1528, RSMo 2007; and 385.218, RSMo
					 2007.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.090 - Subpoenas

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets out the manner in which
				  subpoenas may be obtained.
(1) The director shall have the authority to
				issue subpoenas and subpoenas
duces tecum.
(A) Subpoenas other than subpoenas
duces tecum
shall be issued upon request of any party,
				provided the requesting party provides the following information:
1. Caption and number of the case;
2. Name of witness to whom the subpoena is
				directed;
3. Date and time for
				appearance; and
4. Place for
				appearance.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.100 - Administrative Hearing Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes procedures to be
				  followed where enforcement and other contested case hearings are held before
				  the director.
(1) Prehearing
				Motions. The director may consider any motions to dismiss, motions to vacate,
				motions for summary determination, or any other motions prior to commencement
				of the hearing on the merits.
(2)
				Presentation of Opening Statements. The division within the department shall
				make the first opening statement. Other parties may make an opening statement
				immediately following the division's statement or may do so prior to commencing
				their presentation of evidence.
(3)
				Presentation of Evidence. The order in which the evidence will be presented is
				as follows:
(A) The division within the
				department shall present its evidence first. The burden of proof in a hearing
				on the merits in matters relating to an order of the director, or the failure
				of the director to act, shall be on the agency. The burden of proof for
				affirmative defenses shall be upon the party claiming the affirmative
				defense;
(B) Other parties shall
				then present their evidence; and
(C) Each party has the right to rebut the
				evidence presented.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.110 - Motions, Suggestions and Legal Briefs

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states when motions, suggestions
				  and legal briefs may be filed and answered.
(1) Motions and Suggestions. Each party shall
				be entitled to file motions and to present written suggestions, accompanied by
				oral argument if the party so chooses. Motions and supporting affidavits or
				legal suggestions may be filed at any time during the pendency of the
				proceeding. Opposing parties shall file any responsive pleading within five (5)
				business days, unless the director grants additional time.
(2) Briefs. At any time prior to submitting
				the cases for consideration at the close of the hearing, a party may seek leave
				to file a brief. If leave is granted, a party shall have twenty (20) days after
				leave is granted to prepare and file its brief. The other parties will be given
				twenty (20) days to file responsive briefs. An original of the briefs must be
				filed with the director. The filing party shall also mail all briefs filed to
				all other parties.
(3) Decision on
				the Pleadings. The director shall rule upon all motions, except that the
				director shall not dismiss or decide a matter on the merits without granting
				all parties to the proceeding the opportunity to a hearing and to establish a
				record.
*Original authority: 354.120, RSMo 1973, amended 1983,
					 1993, 1995; 374.045, RSMo 1967, amended 1993, 1995; 374.705, RSMo 1983, amended
					 1993, 2004; 376.1528, RSMo 2007; and 385.218, RSMo
					 2007.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.120 - Intervention, Joinder, Consolidation and Severance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedure for
				  intervention by or joinder of other parties, and the consolidation or severance
				  of matters.
(1) Intervention.
(A) Upon timely written application, the
				director shall permit any party to intervene in a proceeding, subject to the
				necessity for conducting an orderly and expeditious hearing, when either of the
				following conditions is met:
1. When the
				party is so situated that the party will be adversely affected by a final order
				arising from the hearing; or
2.
				When a party's circumstances and the hearing proceeding have a question of law
				or fact in common.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.130 - Hearing Officers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the appointment of
				  hearing officers by the director.
(1) In all proceedings before the director
				initiated under the provisions of Chapters 354 and 374 through 385, RSMo, the
				director pursuant to section 374.120.2, RSMo, may appoint a hearing officer to
				conduct the hearing.
(2) Upon
				written request of a party, the director may modify any interim ruling of the
				hearing officer, but no hearing on the request must be provided.
(3) When the hearing has been completed, the
				hearing officer shall recommend findings of fact, conclusions of law and a
				final order to the director. The director shall dispose of the matter in the
				manner applicable to proceedings conducted by the director. No hearing on the
				recommendations of the hearing officer must be provided.
*Original authority: 354.120, RSMo 1973, amended 1983,
					 1993, 1995; 374.045, RSMo 1967, amended 1993, 1995; 374.705, RSMo 1983, amended
					 1993, 2004; 376.1528, RSMo 2007; and 385.218, RSMo
					 2007.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 1 - Enforcement and Other Contested Case Hearings › Section 20 CSR 800-1.140 - Public Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies that all hearings will
				  be public, the parties may attend and notice will be made at the offices of the
				  department director.
(1) All
				hearings before the director shall be open to the public. All parties have a
				right to be present.
(2) Notice of
				the hearing will be posted prominently at the front door of the offices of the
				department director, Room 530, 301 W. High Street, Jefferson City, MO
				65101.
*Original authority: 354.120, RSMo 1973, amended 1983,
					 1993, 1995; 374.045, RSMo 1967, amended 1993, 1995; 374.705, RSMo 1983, amended
					 1993, 2004; 376.1528, RSMo 2007; and 385.218, RSMo
					 2007.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 2 - Insurers' Consent to Service of Process › Section 20 CSR 800-2.010 - Service of Process

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule specifies procedures for service
				  of process on insurance companies. It was adopted pursuant to the provisions of
				  section
				  374.045,
				  RSMo and in order to implement sections
				  375.256,
				  375.261,
				  375.281,
				  375.906 and 379.680, RSMo.
(1) Service on Authorized Foreign and Alien
				Insurers.
(A) Service of process on foreign
				and alien insurance companies authorized to do business in this state is made
				by delivery to the director, deputy director or a designee of the director of
				two (2) copies of the summons and two (2) copies of the petition by the sheriff
				of Cole County, Missouri, the United States Marshal's Office or any other
				authorized individual (section
				375.906,
				RSMo).
(B) Upon receipt of service,
				a designee of the director shall forward one (1) copy by first-class mail to
				the defendant insurer and retain one (1) copy for filing with the department. A
				designee of the director shall also forward an affidavit of service to the
				appropriate court.
(C) All service
				fees must be forwarded with the summons to the sheriff of Cole County,
				Missouri. The department will bill plaintiff's attorneys ten cents ($.10) per
				page for copying the summons and petitions when an insufficient number of
				copies are received.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 3 - Mergers and Acquisitions › Section 20 CSR 800-3.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the general procedures
				  for hearings authorized in review of mergers and acquisitions.
(1) Applicability of Rules. The rules in this
				chapter apply to all hearings conducted pursuant to the merger and acquisition
				review procedures in sections
				375.355,
				382.060,
				and
				382.095,
				RSMo and are governed by Chapter 536, RSMo. The rules are to be read together
				with Chapter 536, RSMo.
(2)
				Definitions.
(A) "Director" the director of
				the department.
(B) "Department"
				means the Department of Commerce and Insurance.
(C) "Party" any individual, partnership,
				corporation, association, public or private organization of any character, or
				any other governmental agency properly requesting a hearing, named as a
				respondent, seeking to be heard or entitled to intervene in any matter under
				the rules in this chapter. Any division of the department is entitled to act as
				a party in any matter under the rules of this chapter.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 3 - Mergers and Acquisitions › Section 20 CSR 800-3.020 - General Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the general procedures
				  for hearings authorized in review of mergers and acquisitions.
(1) Rules of Procedure. The hearings before
				the director pursuant to sections
				375.355,
				382.060,
				and
				382.095,
				RSMo are governed by the rules of this chapter, the rules of Division 800,
				Chapter 1 concerning contested case proceedings, and Chapter 536,
				RSMo.
(2) Place of Filing. If the
				matter is to be heard by the director, all pleadings, documents, and requests
				to be filed with the department in connection with a hearing shall be
				delivered, mailed, addressed, or submitted to or filed with the director at the
				Department of Commerce and Insurance, PO Box 690, 301 West High Street,
				Jefferson City, MO 65102. The party filing pleadings or documents shall serve
				by mail copies of all filed pleadings or documents on all parties.
(3) Service of Hearing Order/Notice of
				Hearing. Service of the notice of hearing shall be effected upon all parties
				involved promptly upon issuance of the hearing order and notice, but not less
				than ten (10) days before the date designated for the hearing either by United
				States mail, postage prepaid, certified, or registered, addressed to the
				parties' last known address or by another means of personal service.
(4) Form of Documents.
(A) Except as otherwise provided, one (1)
				original and two (2) copies of all documents initiating proceedings shall be
				signed by the party or by his/her authorized representative or attorney and
				filed with the director.
(B)
				Documents shall leave sufficient space to enter the file hearing number and the
				title of the proceeding in connection with which they are filed.
(C) Documents shall be typewritten or
				reproduced from typewritten copy on eight and one-half inch by eleven inch (8
				1/2" x 11") white paper.
(D) A
				certified copy may be submitted in lieu of the original.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 800 - Administrative Procedures under the Insurance Laws › Chapter 3 - Mergers and Acquisitions › Section 20 CSR 800-3.040 - Hearing Officers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the appointment of
				  hearing officers by the director.
(1) In all proceedings before the director
				initiated under the provisions of sections
				375.355,
				and
				382.060,
				RSMo, the director pursuant to section 374.120.2, RSMo, may appoint a hearing
				officer to conduct the hearing.
(2)
				Upon written request of a party, the director may modify any interim ruling of
				the hearing officer, but no hearing on the request must be provided.
(3) When the hearing has been completed, the
				hearing officer shall recommend findings of fact, conclusions of law and a
				final order to the director. The director shall dispose of the matter in the
				manner applicable to proceedings conducted by the director. No hearing on the
				recommendations of the hearing officer must be provided.
*Original authority: 374.045, RSMo 1967, amended 1993,
					 1995.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 1 - Organization › Section 20 CSR 1100-1.010 - General Organization

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule gives a general description of the
				  organization and operations of the Division of Credit Unions, as required by
				  section
				  536.023,
				  RSMo (1986) (Refer to section
				  370.100,
				  RSMo (1986) for statutory provisions relating to the organization of the
				  division.)
(1) The Division
				of Credit Unions is a division of the Department of Insurance, Financial
				Institutions and Professional Registration.
(2) The Division of Credit Unions is headed
				by a director, who is appointed by the governor of Missouri.
(A) The director of credit unions supervises
				the operations of credit unions, formed under the laws of the state of
				Missouri, to insure their compliance with the applicable laws, bylaws and
				rules.
(B) The director may appoint
				a deputy director, examiners, assistant examiners and other employees and
				assistant to aid him/her in discharging his/her duties.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 2 - State-Chartered Credit Unions › Section 20 CSR 1100-2.005 - Frequency of Credit Union Examinations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the frequency of credit
				  union examinations and the factors the director may consider when determining
				  the frequency of credit union examinations.
(1) The director of the Division of Credit
				Unions, or the director's agents, may examine a credit union at any time and
				shall have free access to all books, papers, securities, and other sources of
				information pertaining to the credit union.
(2) Qualifying credit unions, as determined
				by the director, shall be examined no less frequently than every eighteen (18)
				months. All other credit unions shall be examined annual-l y.
(3) The factors the director may consider,
				when determining whether or not a credit union may qualify for examinations
				less frequently than annually, may include:
(A) The credit union has been in operation
				for ten (10) years;
(B) The credit
				union has not been operating under a Net Worth Restoration Plan or Letter of
				Understanding and Agreement within the preceding twelve (12) months;
(C) The credit union has not been operating
				under an administrative order within the preceding twelve (12)
				months;
(D) The credit union has
				not experienced major changes in its balance sheet structure within the
				preceding twelve (12) months;
(E)
				The credit union has maintained a positive return on average assets;
(F) The credit union has not implemented any
				new programs with high risk to its balance sheet within the preceding twelve
				(12) months;
(G) The credit union
				has a net worth ratio of greater than seven percent (7%);
(H) The credit union has implemented an
				adequate asset liability management mechanism;
(I) The credit union has maintained accurate
				and current books and records;
(J)
				The tenure and quality of the credit union's management;
(K) General economic conditions.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 2 - State-Chartered Credit Unions › Section 20 CSR 1100-2.010 - Location of Credit Union Records

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets the location and availability
				  of the books and records of a credit union in order that the division may have
				  access to them for examinations.
(1) Credit union books and records must be
				maintained in one (1) location and available for examination sometime between
				the hours of 8 a.m. and 5 p.m. weekdays. This location should be the principal
				place of business as recorded with the Division of Credit Unions. Any exception
				to this must receive prior written approval by the director of credit
				unions.
(2) If the examiners arrive
				to examine the credit union books and cannot receive access to them, sections
				370.140
				and
				370.150,
				RSMo may apply, if, in the opinion of the director, that action is
				necessary.
*Original authority: 370.100, RSMo 1939, amended 1945,
					 1945, 1949, 1959, 1967, 1972.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 2 - State-Chartered Credit Unions › Section 20 CSR 1100-2.011 - Accounting Manual and Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the basic accounting
				  system to be utilized by state-chartered credit unions to assure an overall
				  uniformity in the credit unions' bookkeeping and recordkeeping
				  methods.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. Therefore, the material which is so incorporated is on file with
				  the agency who filed this rule, and with the Office of the Secretary of State.
				  Any interested person may view this material at either agency's headquarters or
				  the same will be made available at the Office of the Secretary of State at a
				  cost not to exceed actual cost of copy reproduction. The entire text of the
				  rule is printed here. This note refers only to the incorporated by reference
				  material. For anyone desiring a personal copy, this reference publication is
				  available from the Superintendent of Documents, U.S. Government Printing
				  Office, Washington, D.C. 20402.
(1) Accounting and recordkeeping shall
				conform to generally accepted accounting procedures on an accrual basis as may
				be necessary for full material disclosure and be acceptable to the director of
				credit unions.
(2) The
Accounting Manual for Federal Credit Unions,
published by the
				National Credit Union Administration, provides detailed instructions and
				approved procedures, including the approved chart of accounts, for Missouri
				credit unions.
*Original authority: 370.100, RSMo 1939, amended 1945,
					 1945, 1949, 1959, 1967, 1972.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 2 - State-Chartered Credit Unions › Section 20 CSR 1100-2.020 - Membership

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the minimum
				  requirements for membership in a credit union (see section
				  370.080,
				  RSMo, for statutory provisions).
(1) A member must establish one (1) full
				share in a share account within a specified time period as set by the board of
				directors; however, that period shall not be less than three (3) months and
				shall maintain this one (1) share to remain a member of the credit union. If a
				credit union lends to a member, the member shall maintain one (1) full share in
				a share account until the loan has been paid in full, has been determined to be
				a collection problem loan, has been referred to a third party for collection,
				or until the balance is charged to the reserve fund as a bad debt.
*Original authority: 370.100, RSMo 1939, amended 1945,
					 1945, 1949, 1959, 1967, 1972.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 2 - State-Chartered Credit Unions › Section 20 CSR 1100-2.030 - Surety Bond Requirement

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the minimum surety
				  bond coverage a credit union must carry for protection of its assets (see
				  section
				  370.235,
				  RSMo, for statutory provisions).
(1) All credit unions are required to carry a
				surety blanket bond with the types and amounts of coverage required to qualify
				for and maintain, if required, federal share insurance as stated in National
				Credit Union Association (NCUA) Rules and Regulations, Part 713, and in
				addition must provide for faithful-performance-of-duty coverage for any officer
				or employee.
(2) The board of
				directors of each credit union shall, at least annually, carefully review the
				bond coverage in force to determine its adequacy in relation to risk exposure
				and to minimum regulatory requirements and shall document this review in the
				board of directors' minutes.
(3)
				All credit unions must use a basic bond form that has been approved by the NCUA
				board unless prior written approval has been acquired from the
				director.
(4) All credit unions
				should maintain increased coverage above the minimum required in section (1),
				equal to the greater of either of the following amounts within thirty (30) days
				of discovery of the need for such increase:
(A) The amount of daily cash plus anticipated
				daily money receipts on any of the credit union's premises; or
(B) The total amount of the credit union's
				money in transit in any one (1) shipment.
(C) Increased coverage is not required when
				the credit union temporarily increased its cash fund because of unusual events
				which cannot reasonably be expected to recur.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 2 - State-Chartered Credit Unions › Section 20 CSR 1100-2.035 - Special Standards for Newly Chartered Credit Unions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth certain standards and
				  goals which a newly chartered credit union must meet within its first year of
				  operation. It also sets forth certain prohibited activities.
(1) A newly chartered credit union must-
(A) Maintain its books and records in
				accordance with generally accepted accounting principles;
(B) Generate from normal operations
				sufficient income to fund operations, reserve transfers, pay a reasonable
				dividend, a nominal contribution to retained earnings and further maintain
				solvency;
(C) Close its books
				quarterly and transfer to regular reserves at least ten percent (10%) gross
				income beginning with the first full quarter of operations;
(D) Record all accounts properly and on a
				timely basis; financial statements must be posted by the fifteenth of the
				following month;
(E) Not engage in
				the following prohibited activities and practices:
1. It shall not make any commercial loans nor
				hold any mortgage loans as assets;
2. It will not form a Credit Union Service
				Organization (CUSO) nor enter into any arrangement where it participates in the
				sponsorship of CUSO;
3. It shall
				not accept brokered funds;
4. It
				shall not make and hold as an asset any single loan over twenty-five thousand
				dollars ($25,000) or ten percent (10%) of assets whichever is less;
				and
5. It shall not enter into any
				insurance programs (other than credit disability, credit life, auto insurance
				or insurance securing property held for collateral on loans) where the credit
				union member finances the payment of insurance premiums through loans from the
				credit union without prior approval of the director of the Division of Credit
				Unions; and
(F) Forward
				to the director of the Division of Credit Unions its monthly financial
				statements and board of directors' minutes by the fifteenth of each
				month.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 2 - State-Chartered Credit Unions › Section 20 CSR 1100-2.050 - Credit Union Inter-lending

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the basic lending
				  policies for credit unions who borrow or lend money to other credit unions (see
				  section
				  370.070(8),
				   RSMo for statutory
				  provisions).
(1)
				State-chartered credit unions having surplus funds over and above their need in
				making loans to their members may lend to other credit unions, provided the
				following guidelines and conditions are followed:
(A) The borrowing credit union must submit to
				the lending credit union and to the director of Division of Credit Unions a
				current financial and statistical report and a copy of the resolution of the
				board of directors authorizing the request for the loan signed by the chief
				executive officer and secretary; and
(B) The terms of the loans are not to exceed
				a period of one (1) year and can be repaid in part or in full at any time
				before the date due.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 2 - State-Chartered Credit Unions › Section 20 CSR 1100-2.055 - Allowance for Loan Loss

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth certain provisions
				  regarding the establishment and maintenance of the allowance for loan loss
				  account in conformity with generally accepted accounting
				  principles.
(1) All credit
				unions shall maintain an allowance for loan loss account. Credit unions that
				have not in the past considered inherent losses in establishing the balance in
				this account may transfer the initial amount applicable to inherent losses from
				the regular reserve or undivided earnings.
(2) The allowance for loan loss account shall
				represent an estimate of loan losses in the entire loan portfolio, including
				estimated inherent losses, in conformity with generally accepted accounting
				principles and meet regulatory requirements for full and fair disclosure. The
				allowance account will be adjusted at least quarterly or more often as
				required. All adjustments to increase or decrease the allowance account will be
				made to the provision for loan loss expense. All charged off loans and
				recoveries will be to the allowance account.
(3) Full and complete documentation of the
				determination of the balance of the allowance account must be maintained by the
				credit union.
*Original authority: 370.100, RSMo 1939, amended 1945,
					 1945, 1949, 1959, 1967, 1972, 2011 and 370.320, RSMo 1939, amended 1945, 1967,
					 1972, 1982, 1984, 2011 .
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 2 - State-Chartered Credit Unions › Section 20 CSR 1100-2.060 - Delinquent Loan and Extension Agreements Reporting Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth reporting requirements
				  for delinquent loans and extension agreements and establishes minimum standards
				  for charging off loans.
(1)
				The scheduling or classifying of delinquent loans shall be on the contract
				basis. This means that the status of the accounts is determined by comparing
				the amount of money or the number of full payments received against the amount
				of money or the number of full payments that should have been made in
				accordance with the contract (note). Delinquencies of a partial month shall be
				considered a full month when scheduling or classifying delinquent
				loans.
(2) Each credit union shall
				maintain a monthly schedule of delinquent loans which shall list in columnar
				form the account number, name of borrower, date of loan, date of last payment,
				original amount of loan and outstanding balance of loan at date of schedule and
				share balance, together with space to note current action or status.
(3) The unpaid balances of loans shall be set
				apart in columns of the schedule of delinquent loans which will indicate the
				extent of delinquency as determined by the oldest delinquent installment
				according to note contract, as follows:
(A)
				Loans on which the oldest delinquent installment is two (2) months, but less
				than six (6) months, past due;
(B)
				Loans on which the oldest delinquent installment is six (6) months, but less
				than twelve (12) months, past due; and
(C) Loans on which the oldest delinquent
				installment is past due twelve (12) months or more.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 2 - State-Chartered Credit Unions › Section 20 CSR 1100-2.070 - Completing Dissolution of Credit Union

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the procedures for
				  liquidating a credit union which enters dissolution either voluntarily or
				  involuntarily (see section
				  370.350,
				  RSMo, for more information regarding dissolutions).
(1) Immediately following the receipt of
				consent of dissolution from the director of the Division of Credit Unions, the
				liquidating agent will file with the director a list of all members holding
				accounts in the credit union, showing the number, name, and share and loan
				balances.
(2) The liquidating agent
				will begin filing the following quarterly reports with the director at the
				director's office in Jefferson City, Missouri:
(A) A financial and statistical
				report;
(B) A list of each loan
				account, showing number, name, total payments since last report, and balance.
				The agent shall also report action taken toward collection;
(C) Copy of the minutes of all board meetings
				since last report. Minutes shall show any court action for or against credit
				union; and
(D) Statement of total
				amount and rate of any refund or partial refund of shares to members before
				final distribution.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 2 - State-Chartered Credit Unions › Section 20 CSR 1100-2.075 - Mergers and Consolidations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines certain procedures
				  state-chartered credit unions must follow in order to complete a merger or
				  consolidation that involves a Missouri state-chartered credit
				  union.
(1) Definitions. The
				following words and terms, when used in this section, shall have the following
				meanings, unless the context clearly indicates otherwise.
(A) Surviving credit union-The credit union
				that will continue in operation after the merger.
(B) Merging credit union-The credit union
				that will cease to exist as an operating state-chartered credit union at the
				time of the merger.
(C)
				Consolidating credit union-The credit unions that will cease to exist and will
				consolidate into a new credit union.
(D) Director-The director of the Missouri
				Division of Credit Unions.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 1100 - Division of Credit Unions › Chapter 2 - State-Chartered Credit Unions › Section 20 CSR 1100-2.080 - Fiscal and Financial Services

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the procedures for a
				  credit union to follow when it desires to initiate additional financial
				  services such as money orders, travelers checks, and the like (see section
				  370.070(10),
				  RSMo for statutory provisions).
(1) All fiscal and financial services not
				provided as a service to the members by the credit union shall have the
				approval of the director of credit unions before each new service is
				offered.
(2) Application for
				authority to provide each additional fiscal and financial service shall be made
				in writing to the director and shall contain a concise description of the
				service to be provided as well as projected cost of providing this service to
				the members and the projected fee structure and which fees would be charged to
				each member using the service. Accompanying the application shall be a copy of
				the most recent financial report of the credit union, as well as other
				documents that may support the feasibility of the credit union offering the
				service for which application was made.
(3) The director, from time-to-time, may
				approve programs for credit unions by which specific additional new services
				may be offered by credit unions to their members and the director also may
				establish prerequisites for credit unions who may elect to offer these
				services; and credit unions meeting these prerequisites may offer these
				services to their members.
(4) The
				director of the Division of Credit Unions authorizes all credit unions to offer
				the following business related services without prior approval unless the
				director orders a specific credit union to cease offering these services:
(A) Money orders, travelers' checks, letters
				of credit;
(B) Share draft
				accounts;
(C) Debit, credit, ATM
				and smart cards;
(D) Sale of
				insurance products;
(E) Any program
				servicing or granting loans;
(F)
				Any share program; or
(G) Sale of
				tickets, charitable or promotional items.
The credit union offering these services shall make available
				  to the director, upon his/her request, the direct and indirect cost of
				  providing the services together with a schedule of the fees charged for the
				  services.