reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.160 - The Record at Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines what constitutes the
				  record of the public hearing.
(1) The record of the hearing shall include
				the notice of hearing; the verified complaint and any amendments; the answer,
				if any, and any amendments; the finding of probable cause; the affidavit of
				failure of conciliation; the transcript of the testimony taken at the hearing;
				exhibits and depositions admitted into evidence; written applications, motions
				and stipulations; briefs submitted by the parties; orders entered by the
				presiding officer; suggested findings of fact, conclusions of law-decision and
				order submitted by the parties; the hearing examiner's findings of fact,
				conclusions of law and recommended decision and order; exceptions of the
				parties to the recommended decision; the final findings of fact, conclusions of
				law and decision and order of the commission; and all other pleadings. The
				record shall not include rejected exhibits. Prehearing discovery filed with the
				commission shall not be a part of the record unless specifically received into
				evidence at the hearing.
(2) A
				verbatim record of the proceedings shall be made and kept. The testimony may be
				recorded by a stenographer, by video-tape, by audio-tape or by any other means
				which will insure that a verbatim record of the proceedings is made. Any party
				may request that the hearing be recorded by a court reporter. The party
				requesting the reporter shall bear the costs of the reporter's appearance and
				of the original transcript, which shall be submitted to the commission as the
				official transcript. If no reporter is requested, the commission shall suitably
				record and transcribe the proceedings.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.170 - Settlement Negotiations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the process of
				  settlement negotiations and settlements at the hearing stage.
(1) Where a settlement of the case is reached
				by the parties prior to or after the public hearing, the parties shall sign the
				necessary documents and submit these documents to the presiding officer within
				the time ordered by the presiding officer.
(2) Where a case is settled by parties on the
				date of hearing, the terms of the settlement shall be placed on the record and
				the appropriate documentation submitted in writing after that to the presiding
				officer within the time ordered by the presiding officer.
(3) Where the parties fail to complete and
				submit a written, signed settlement, within the time ordered, the presiding
				officer may again schedule the case for hearing.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.180 - Stipulation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the scope of
				  stipulations and possible waiver of a public hearing.
Upon written motion of the parties and with approval of the
				  presiding officer, the parties, may stipulate to the facts and waive a public
				  hearing. The hearing examiner shall then issue recommended findings of fact,
				  conclusions of law and a decision and order to the commission panel based upon
				  the stipulation. Where a commission panel hears the case, it shall then issue
				  findings of fact, conclusions of law, a decision and order.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.190 - Default

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedures when a
				  party fails to appear at a public hearing and for requesting relief from that
				  default.
(1) Default may
				occur where a party has been served with Notice of Hearing and fails to appear
				at the scheduled hearing.
(2)
				Unless notified by the party, the presiding officer shall wait no longer than
				thirty (30) minutes from the time set for the hearing in the Notice of Hearing
				to commence the hearing.
(3) When
				the respondent fails to appear at the specified time and place for the hearing,
				the moving party shall proceed to present evidence in support of the complaint,
				which shall constitute the sole evidentiary basis for disposition and the
				respondent shall be deemed to have waived any evidentiary and other objections
				at the hearing.
(4) A final order
				supporting the complaint may be rendered only where the contested case record
				demonstrates a
prima facie
case supporting that
				document.
(5) The commission panel,
				in its discretion and upon those terms as may be just, at any time within
				thirty (30) days after the final decision and order has been issued, may
				relieve a party from such an order taken against that party where the party
				establishes that the default was the result of an excusable mistake or
				circumstances beyond the control of the party.
(6) The request for relief shall be in
				writing directed to the commission and shall be accompanied by-
(A) A written statement(s), together with
				documentation, setting forth the facts supporting the alleged excusable mistake
				or the circumstances beyond the control of the party; and
(B) The opposing party shall have ten (10)
				days to reply to the request for relief.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.200 - Post-Hearing Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedures to be
				  followed after a public hearing has been held.
(1) The parties may file suggested findings
				of fact, conclusions of law, and briefs within the time limits as the presiding
				officer may determine. When a hearing is conducted by a hearing examiner, the
				hearing examiner shall make findings of fact, conclusions of law, and a
				recommended decision and order and send them to the parties who may file
				exceptions to those recommendations within time limits set by the hearing
				examiner. Any new facts presented or new issues raised in exceptions shall not
				be considered by the commission in preparation of the final decision and order.
				The same hearing examiner who presides at the evidentiary hearing of the case
				shall make the recommended decision and order except where that hearing
				examiner becomes unavailable to the commission.
(2) The commission panel shall review the
				record as set forth in
				8 CSR
				60-2.160(1) and either adopt or amend
				the hearing examiner's findings of fact and conclusions of law. The panel shall
				then issue its decision along with the findings of fact and conclusions of law
				to support its decision. A majority of the commission panel shall be sufficient
				to render a decision for the panel. However, each panel member shall sign the
				order indicating his/her concurrence or disagreement. A panel member
				disagreeing with the decision may file a dissenting opinion.
(3) The commissioners to serve on a
				commission panel as described in section (2) shall be selected by the
				chairperson or, in the chairperson's absence, the vice-chairperson. The
				selection shall be random.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992, 1998 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.220 - Judicial Review

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the manner in which
				  judicial reviews are conducted.
(1) Judicial review shall be made in the
				manner provided by law.
(2) Within
				thirty (30) days after the filing of a Petition of Review, or within further
				time as the court may allow, the commission's record shall be filed in the
				reviewing court.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992; 213.075 and 213.085, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.230 - Certification of Record

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule stipulates who is authorized to
				  certify commission documents.
(1) The chairperson, the secretary to the
				commission or other person as may be designated by the commission is authorized
				and empowered to certify all documents or records which are a part of the files
				and records of the commission.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992; 213.075 and 213.085, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.240 - Separability, Amendments and Availability of Rules

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the procedure by which
				  amendments are made to the commission's rules, where to obtain copies of these
				  rules and that, if any provision or term of these rules is held invalid, the
				  remaining provisions remain valid.
(1) In the event any provision or term of
				these rules is determined by a court or other authority of competent
				jurisdiction to be invalid, the determination shall not effect the remaining
				provisions which shall remain in full force and effect.
(2) New rules may be adopted and any rule may
				be amended or rescinded by the commission at regular or special meetings
				provided that the amendment or rescission shall require the approval of the
				majority of the members present at the meeting where a quorum is present.
				Notice of the proposed adoption, amendment or rescission shall be given in
				writing to all members of the commission at least ten (10) days before the
				meeting at which action is to be taken; except that the ten (10) days' notice
				shall not be required when two-thirds (2/3) of the members of the commission
				shall approve in writing the adoption, amendment or rescission.
(3) The amendment of any existing rule or the
				adoption of any new rule shall be made in accordance with Chapter 536,
				RSMo.
(4) The rules of the
				commission and any amendments, additions, or modifications of the rules, shall
				be available to the public at the office of the commission in Jefferson
				City.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.250 - Construction of Rules and Pleadings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies the commission's policy
				  concerning the interpretations of its rules and of the pleadings before
				  it.
(1) These rules shall be
				construed to accomplish the purposes of Chapter 213, RSMo administered by the
				commission and the policies of the Missouri Commission on Human Rights and
				shall not be deemed or construed to limit the powers conferred upon the
				commission by Chapter 213, RSMo.
(2) All pleadings shall be construed with a
				view to effect justice between the parties and the presiding officer and the
				commission panel, in every stage of any proceeding, shall disregard errors or
				defects in the pleadings or proceedings which do not affect the substantial
				rights of the parties.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.101, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.260 - Election of Civil Action

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies the procedures for a
				  party to elect to have his/her claims decided in a civil action in
				  court.
(1) If a written
				notice of hearing is issued alleging violation of section
				213.070,
				RSMo as it relates to or involves alleged violations of section
				213.040,
				213.045
				or
				213.050,
				RSMo or as it relates to or involves the alleged encouraging, aiding or
				abetting the violation of these sections and for complaints alleging violation
				of section
				213.040,
				213.045
				or
				213.050,
				RSMo, a complainant or a respondent may elect, in lieu of an administrative
				hearing under section
				213.075,
				RSMo, to have the claims asserted in the complaint decided in a civil action
				under section
				213.076,
				RSMo.
(2) The election must be made
				no later than twenty (20) days from the date on which the written notice of
				hearing is mailed by the commission staff. The notice of the election must be
				filed with the presiding officer, the attorney general, the executive director,
				the complainant (if respondent is making the election) or the respondent (if
				the complainant is making the election) and any other parties. The notification
				will be filed and served in accordance with the procedures established under
				8 CSR
				60-2.035.
(3) If an election is not made under this
				rule, the presiding officer will conduct an administrative hearing based upon
				the complaint in accordance with the procedures under
				8 CSR
				60-2.140 and section
				213.075,
				RSMo.
(4) If an election is made
				under this rule, the chairperson shall immediately notify and authorize the
				staff attorney to commence and maintain a civil action in a court of competent
				jurisdiction seeking relief under sections
				213.040,
				213.045,
				213.050,
				213.070 and 213.076, RSMo on behalf of the aggrieved person. This notice and
				authorization shall include transmission of the file in the case, including a
				copy of the complaint, to the staff attorney.
(5) The attorney general shall be available
				for consultation concerning any legal issues raised.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992; 213.075, RSMo 1986, amended 1992; and 213.076, RSMo
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.265 - Local Commissions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets out the procedures and
				  criteria for certification of local commissions by the Missouri Commission on
				  Human Rights.
(1) Only those
				local commissions certified as substantially equivalent by the Missouri
				Commission on Human Rights shall have the power and authority to hear contested
				cases alleging violations of Chapter 213, RSMo which are alleged to have been
				committed within the city, town, village or county which created the local
				commission.
(A) A local commission shall be
				certified as substantially equivalent if the ordinance establishing the local
				commission provides similar protections of the procedural rights of parties
				appearing before the local commission as are provided by Chapter 213, RSMo and
				corresponding rules. Factors to be considered by the commission in determining
				substantial equivalence may include, but are not limited to, the following:
1. Contracting status with Equal Employment
				Opportunity Commission;
2.
				Contracting status with the federal Department of Housing and Urban
				Development;
3. Substantive
				rights;
4. Procedural rights;
				and
5. Powers and duties.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 3 - Guidelines and Interpretations of Employment Anti-Discrimination Laws › Section 8 CSR 60-3.030

Current through Register Vol. 49, No. 14, July 15, 2024
The secretary of state has determined that the publication
					 of this rule in its entirety would be unduly cumbersome or expensive. The
					 entire text of the material referenced has been filed with the secretary of
					 state. This material may be found at the Office of the Secretary of State or at
					 the headquarters of the agency and is available to any interested person at a
					 cost established by state law.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992, 1993, 1995, 1998.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 3 - Guidelines and Interpretations of Employment Anti-Discrimination Laws › Section 8 CSR 60-3.040 - Employment Practices Related to Men and Women

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Missouri Commission on Human Rights has
				  the authority to formulate policies to effectuate the purposes of Chapter 213,
				  RSMo (1986). This rule sets forth guidelines and interpretations governing, but
				  not limited to, the major aspects of employment practices in relation to
				  sex.
(1) References to
				employer(s) in these rules state principles that are applicable not only to
				employers but also to labor organizations and to employment agencies insofar as
				their action or inaction may adversely affect employment opportunities, as
				defined in the Missouri Fair Employment Practices Act, Chapter 213, RSMo
				(1986).
(2) The
bona
				fide
occupational qualification exception as to sex is strictly and
				narrowly construed. Labels-men's jobs and women's jobs-tend to deny employment
				opportunities unnecessarily to one sex or the other.
(A) The following situations do not warrant
				the application of the
bona fide
occupational qualification
				exception:
1. The refusal to hire a woman
				because of her sex based on assumptions of the comparative employment
				characteristics of women in general. For example, the assumption that the
				turnover rate among women is higher than among men;
2. The refusal to hire an individual based on
				stereotyped characterizations of the sexes. These stereotypes include, for
				example, that men are less capable of assembling intricate equipment; that
				women are less capable of aggressive salesmanship. The principle of
				nondiscrimination requires that individuals be considered on the basis of
				individual capacities and not on the basis of any characteristics generally
				attributed to the group; and
3. The
				refusal to hire an individual because of the preferences of coworkers, the
				employer, clients or customers.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 3 - Guidelines and Interpretations of Employment Anti-Discrimination Laws › Section 8 CSR 60-3.050 - Religious Discrimination

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Missouri Commission on Human Rights is
				  proposing to enact this rule to provide an interpretation of the prohibitions
				  in Chapter 213, RSMo against religious discriminations and to the requirement
				  of an employer to reasonably accommodate religious beliefs of
				  employees.
(1) The employer
				has an obligation to make reasonable accommodations to the religious needs of
				employees and prospective employees where these accommodations can be made
				without undue hardships on the conduct of the employer's business. Undue
				hardship, for example, may exist where the employee's needed work cannot be
				performed by another employee of substantially similar qualifications during
				the period of absence of the Sabbath observer. The commission will review each
				case on an individual basis in an effort to seek an equitable application of
				these rules to the variety of situations which arise due to the varied
				religious practices of the people of this state.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992, 1993, 1995, 1998.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 3 - Guidelines and Interpretations of Employment Anti-Discrimination Laws › Section 8 CSR 60-3.060 - Handicap Discrimination in Employment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Missouri Commission on Human Rights has
				  the power and authority to adopt suitable rules to carry out the provisions of
				  the state Fair Employment Practices Act pursuant to 213.030(6), RSMo (1986).
				  The rules represent the commission's construction of provisions dealing with
				  handicap discrimination in employment.
(1) Definitions. When used in these rules-
(A) The phrase physical or mental impairment
				means-
1. Any physiological disorder or
				condition, cosmetic disfigurement or anatomical loss affecting one (1) or more
				of the following body systems: neurological; musculoskeletal; special sense
				organs; respiratory, including speech organs; cardiovascular; reproductive;
				digestive, genitourinary; hemic and lymphatic; skin; and endocrine;
				or
2. Any mental or psychological
				disorder, such as mental retardation, organic brain syndrome, emotional or
				mental illness and learning disabilities;
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 3 - Guidelines and Interpretations of Employment Anti-Discrimination Laws › Section 8 CSR 60-3.070 - National Origin Discrimination

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Missouri Commission on Human Rights is
				  proposing to enact this rule as an interpretation of the statutory prohibition
				  of Chapter 213, RSMo against national origin discrimination.
(1) It is intended to eliminate covert as
				well as overt practices of discrimination, and the commission, therefore, will
				examine, with particular concern, cases where persons within the jurisdiction
				of the commission have been denied equal employment opportunity for reasons
				which are grounded in national origin considerations. Examples of cases of this
				character which have come to the attention of the commission include, but are
				not limited to: The use of tests in the English language where the individual
				tested came from circumstances where English was not that person's first
				language or mother tongue, and where English language skill is not a
				requirement of the work to be performed; denial of equal opportunity to persons
				married to or associated with persons of a specific national origin; denial of
				equal opportunity because of membership in lawful organizations identified with
				or seeking to promote the interests of national groups; denial of equal
				opportunity because of attendance at schools or churches commonly utilized by
				persons of a given national origin; denial of equal opportunity because their
				name or that of their spouse reflects a certain national origin; and denial of
				equal opportunity to persons who as a class of persons tend to fall outside
				national norms for height and weight where the height and weight specifications
				are not necessary for the performance of the work involved.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992, 1993, 1995, 1998.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 3 - Guidelines and Interpretations of Employment Anti-Discrimination Laws › Section 8 CSR 60-3.080 - Affirmative Action

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Missouri Commission on Human Rights
				  enacts this rule to provide employers subject to the jurisdiction of the
				  commission under Chapter 213, RSMo 1986 some guidance in developing voluntary
				  affirmative action plans. This rule will provide the standards that the
				  commission will use to judge whether the plans are unlawfully
				  discriminatory.
(1) This rule
				is not intended to provide standards for determining whether voluntary action
				has fully remedied past or existing discrimination. Therefore, the rule does
				not apply to a determination of the adequacy of an affirmative action plan to
				eliminate discrimination against previously excluded groups. Employers, labor
				organizations or other persons who take affirmative action may still be liable
				if the plan or program does not adequately remedy illegal discrimination. This
				rule applies to charges that the affirmative action plan itself is
				discriminatory.
(2) Voluntary
				affirmative action is appropriate under the following circumstances:
(A) Employers, labor organizations and other
				persons may take affirmative action based on an analysis which reveals
				employment practices causing potential adverse impact on the employment
				opportunities of those classes protected by Chapter 213, RSMo and
(B) Because of historic restrictions by
				employers, labor organizations and others, the available pool of persons in a
				protected class who are qualified for employment or promotional opportunities
				is artificially limited. Employers, labor organizations and other persons are
				encouraged to take affirmative action in such circumstances, including, but not
				limited to, the following:
1. Training plans
				and programs, including on-the-job training, which emphasize providing members
				of the protected categories with the opportunity, skill and experience
				necessary to perform the functions of skilled trades, crafts or
				professions;
2. Extensive and
				focused recruiting activity; and
3.
				Modification through collective bargaining where a labor organization
				represents employees, or unilaterally where one does not, of promotion and
				layoff procedures.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 4 - Guidelines and Interpretations of Fair Housing Sections of the Missouri Human Rights Act › Section 8 CSR 60-4.015 - Inquiries Regarding Persons with Disabilities

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies lawful and unlawful
				  inquiries regarding the disabilities of an applicant for a dwelling, a person
				  intending to reside in that dwelling, or any person associated with that
				  person.
(1) It shall be
				unlawful to make inquiry to determine whether an applicant for a dwelling, a
				person intending to reside in that dwelling after it is so sold, rented, or
				made available, or any person associated with that person, has a disability or
				to make inquiry as to the nature or severity of a disability the person may
				have. However, this section does not prohibit the following inquiries, provided
				these inquiries are made of all applicants, whether or not they have
				disabilities:
(A) Is an applicant able to meet
				the requirements of ownership or tenancy?
(B) Is an applicant qualified for a dwelling
				available only to persons with disabilities or to persons with a particular
				type of disability?
(C) Is an
				applicant for a dwelling qualified for a priority available to persons with
				disabilities or to persons with a particular type of disability?
(D) Is an applicant for a dwelling a current
				illegal abuser or addict of a controlled substance? and
(E) Has an applicant been convicted of the
				illegal manufacture or distribution of a controlled substance?
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 4 - Guidelines and Interpretations of Fair Housing Sections of the Missouri Human Rights Act › Section 8 CSR 60-4.030 - Prohibited Coercion and Retaliation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies the unlawful
				  discriminatory practices prohibited by section
				  213.070,
				  RSMo.
(1) It shall be
				unlawful to aid, abet, incite, compel, or coerce the commission of acts
				prohibited by Chapter 213, RSMo, or to attempt to do so.
(2) Conduct made unlawful under this rule
				includes, but is not limited to, coercing a person, either orally, in writing,
				or by other means, to deny or limit the benefits provided in connection with
				the sale or rental of a dwelling or in connection with a residential real
				estate-related transaction because of race, color, religion, sex, disability,
				familial status, ancestry, or national origin.
(3) Retaliating against any person because
				that person has filed a complaint, testified, assisted, or participated in any
				manner in a proceeding under Chapter 213, RSMo, shall be unlawful.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992, 1993, 1995, 1998; 213.070, RSMo 1986, amended 1992, 1998; and
					 213.075, RSMo 1986, amended 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 4 - Guidelines and Interpretations of Fair Housing Sections of the Missouri Human Rights Act › Section 8 CSR 60-4.035 - Exceptions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule lists exceptions to the fair
				  housing sections of Chapter 213, RSMo.
(1) Any religious organization, association,
				or society or any nonprofit institution or organization operated, supervised or
				controlled by or in conjunction with a religious organization, association or
				society may limit the sale, rental or occupancy of dwellings which it owns or
				operates for other than a commercial purpose (activity engaged in for profit)
				to persons of the same religion or give preference to these persons, unless
				membership in the religion is restricted on account of race, color or national
				origin.
(2) A private club, not
				open to the public, which as an incident to its primary purpose(s) provides
				lodging which it owns or operates for other than a commercial purpose, may
				limit the rental or occupancy of the lodging to its members or may give
				preference in occupancy to its members.
(3) Other than the prohibitions against
				discriminatory advertising in 213.040.1(3), RSMo, the following are exempted
				from the coverage of Chapter 213, RSMo:
(A)
				The sale or rental of any single family house by a private individual owner,
				provided-
1. The private individual owner does
				not own or have any interest in more than three (3) single family homes at any
				one (1) time; and
2. The house is
				sold or rented without the use of a real estate broker, agent or salesperson or
				the facilities of any person in the business of selling or renting dwellings,
				and without publication, posting or mailing of any advertisement. If the owner
				selling the house does not reside in it at the time of the sale or was not the
				most recent resident of the house prior to the sale, this exemption applies to
				only one (1) such sale in any twenty-four (24)-month period; and
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 4 - Guidelines and Interpretations of Fair Housing Sections of the Missouri Human Rights Act › Section 8 CSR 60-4.040 - Costs of Travel to Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule indicates that when a complainant
				  has to travel for a hearing regarding a complaint of housing discrimination,
				  the commission will cover the complainant's travel expenses.
(1) When a complainant files a complaint
				pursuant to sections
				213.040,
				213.041,
				213.045,
				or 213.050, RSMo, or pursuant to section
				213.070,
				RSMo, only as it relates to housing, and the respondent requests that a hearing
				be held in the county where he or she resides or does business, then, in the
				event that county is not the county of complainant's residence, the commission
				will cover the costs associated with the complainant's travel to the hearing
				pursuant to the state of Missouri's policies and limits in place for state
				employees at the time the travel occurs.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992, 1993, 1995, 1998 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 4 - Guidelines and Interpretations of Fair Housing Sections of the Missouri Human Rights Act › Section 8 CSR 60-4.045 - Complainant's Testimony at Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule indicates that a complainant may
				  testify at a hearing even if he or she has not intervened in the
				  action.
(1) When a case is at
				hearing pursuant to section
				213.075,
				RSMo, then the complainant may testify at the hearing whether or not he or she
				has intervened in the proceeding.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992, 1993, 1995, 1998 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 1 - Organization and Description › Section 9 CSR 10-1.030 - Guidelines for Membership on Regional Developmental Disabilities Advisory Councils

Current through Register Vol. 49, No. 14, July 15, 2024
(Moved to 9 CSR 45 6.010)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 2 - Standards for All Residential Facilities Subject to Licensing › Section 9 CSR 10-2.010 - Rules Applicable to all Residential Facilities for the Mentally Retarded Subject to Licensing

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 11, 1983)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 2 - Standards for All Residential Facilities Subject to Licensing › Section 9 CSR 10-2.015 - Licensure Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 11, 1983)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 2 - Standards for All Residential Facilities Subject to Licensing › Section 9 CSR 10-2.040 - Issuance of License

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded January 1, 1982)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 2 - Standards for All Residential Facilities Subject to Licensing › Section 9 CSR 10-2.043 - Removal of Department of Mental Health Clients from Unlicensed Facilities

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 11, 1983)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 2 - Standards for All Residential Facilities Subject to Licensing › Section 9 CSR 10-2.044 - Removal of Department of Mental Health Clients from Uncertified Facilities

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 11, 1983)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 2 - Standards for All Residential Facilities Subject to Licensing › Section 9 CSR 10-2.050 - Hearing Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded January 1, 1982)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 2 - Standards for All Residential Facilities Subject to Licensing › Section 9 CSR 10-2.060 - Facility Admission Policies

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 11, 1983)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 2 - Standards for All Residential Facilities Subject to Licensing › Section 9 CSR 10-2.070 - Facility Education, Training and Recreation

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 11, 1983)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 2 - Standards for All Residential Facilities Subject to Licensing › Section 9 CSR 10-2.100 - Construction of Physical Plant Facilities

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 11, 1983)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 5 - General Program Procedures › Section 9 CSR 10-5.010 - General Rules Applicable for Foster Care Homes for the Mentally Retarded Subject to Certification

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 11, 1983)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 5 - General Program Procedures › Section 9 CSR 10-5.150 - Individualized Habilitation Plan Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
(Moved to 9 CSR 45 3.010)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 5 - General Program Procedures › Section 9 CSR 10-5.190 - Certification Requirements for Teacher of Secondary Education (Grades 9-12)

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the application of
				  the rule and updates the rule to ensure it is consistent with section
				  630.170,
				  RSMo, and makes necessary modifications to implement the changes impacting
				  section
				  630.170,
				  RSMo, that were effective January 1, 2017, and adds a definitions
				  section.
PURPOSE: This rule establishes background screening
				  requirements for staff and certain volunteers, students, and members of a
				  provider's household in any public or private facilities, community residential
				  facilities, day programs, or specialized service operated, licensed, certified,
				  accredited, in possession of deemed status, or funded by the Department of
				  Mental Health.
(1)
				Definitions. The following definitions apply to terms used in this rule:
(A) DMH-the Missouri Department of Mental
				Health;
(B) Members of the
				provider's household-persons age eighteen (18) or older whose permanent
				residence is the provider's household, or persons who visit the home on a
				frequent basis, or persons who spend the night in the home on a frequent basis
				such that direct, unsupervised contact with individuals served is likely to
				occur. For purposes of this rule, "frequent" means six (6) or more times over a
				rolling twelve- (12-) month period;
(C) Natural supports-supports provided by a
				person of the individual's choice that assist him or her in achieving his or
				her goals and facilitate his or her integration into the community. Natural
				supports are provided by persons who are not paid staff of an agency but may be
				initiated, planned, and facilitated in partnership with an agency;
(D) Staff (staff member, employee,
				personnel)-a paid employee or contractor providing services or supports on
				behalf of the agency on a full- or part-time basis who has contact with
				individuals served by the agency;
(E) Student (student worker, student intern,
				practicum student)-a person who is not on the agency or provider payroll, but
				as part of his or her education or training has direct contact with individuals
				served;
(F) Visitor-a family
				member, friend, clergy, or other person invited by the individual served;
				and
(G) Volunteer-an unpaid person
				formally recognized by the agency to provide direct services or supports to
				individuals it serves.
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 5 - General Program Procedures › Section 9 CSR 10-5.210 - Exceptions Committee Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds clarifying language to
				  subparagraph (2)(E)1.A
.
(1)
				Definitions. The following terms are defined as follows:
(A) Disqualifying incident, a crime which
				under 9 CSR
				10-5.190 results in a person being disqualified from
				employment, or one (1) or more administrative findings of abuse, neglect, or
				misuse of funds/property which, under
				9 CSR
				10-5.200 leads to a person being listed on the
				Department of Mental Health disqualification registry;
(B) Exception, a decision by the department
				not to enforce an administrative rule under the individual circumstances
				described in the request for an exception and the conditions described in the
				approval. The following requests for exceptions will not be considered:
1. A contention that the rule is not
				valid;
2. A contention that the
				provider is in fact in compliance with the rule; and
3. A request for an interpretation of a
				rule.
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 5 - General Program Procedures › Section 9 CSR 10-5.250 - Screening and Assessment for Behavioral Changes

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the statutory
				  authority from section
				  630.167,
				  RSMo Supp. 2014 to section
				  630.108,
				  RSMo Supp. 2014.
(1)
				Definitions-
(A) Department-Department of
				Mental Health (DMH);
(B)
				Interdisciplinary team (IDT)-staff who know the individual well and possess the
				knowledge, skills, and expertise necessary to accurately identify a
				comprehensive array of the individual's needs and design a program responsive
				to those needs; and
(C) State owned
				or operated facilities-includes state Intermediate Care Facilities for
				Individuals with Intellectual Disabilities (ICF/IID) as defined in 42 CFR
				section 440.150, RSMo, psychiatric residential treatment facilities, and state
				operated home and community-based waiver services.
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 6 - Human Rights Compliance by Contractors to the Department of Mental Health › Section 9 CSR 10-6.010 - State Affirmative Action

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded February 25, 1996)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 6 - Human Rights Compliance by Contractors to the Department of Mental Health › Section 9 CSR 10-6.020 - Human Rights Contract Compliance System

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded February 25, 1996)
Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 7 - Core Rules for Psychiatric and Substance Use Disorder Treatment Programs › Section 9 CSR 10-7.010 - Essential Principles and Outcomes

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the chapter and rule
				  titles and purpose, updates terminology, and adds state-of-the-art principles
				  and outcomes for behavioral health services.
PURPOSE: This rule describes the essential principles
				  and outcomes applicable to Opioid Treatment Programs, Comprehensive Substance
				  Treatment and Rehabilitation Programs (CSTAR), Gambling Disorder Treatment
				  Programs, Institutional Treatment Centers, Recovery Support Programs, Substance
				  Awareness Traffic Offender Programs (SATOP), Substance Use Disorder Treatment
				  Programs, Required Education Assessment and Community Treatment Programs
				  (REACT), Community Psychiatric Rehabilitation Programs (CPR), and Outpatient
				  Mental Health Treatment Programs. The performance indicators listed in this
				  rule are examples of how an essential principle can be measured and do not
				  constitute a list of specific requirements. The indicators include data that
				  may be compiled by a program as well as areas a surveyor may observe or
				  monitor, including satisfaction and feedback from individuals served, and other
				  data the department may compile and distribute. A program may also use
				  additional or other means to demonstrate achievement of these principles and
				  outcomes.
(1) Applying the
				Essential Principles. The organization's service delivery practices shall
				incorporate the essential principles listed in this rule in a manner that:
(A) Is adapted to the needs of different
				populations served;
(B) Is
				understood and practiced by staff providing services and supports;
(C) Is consistent with clinical studies and
				practice guidelines for achieving positive outcomes;
(D) Supports individuals in improving their
				capacities in all areas of functioning; and
(E) Assists individuals in achieving their
				goals for recovery/resiliency and successfully managing their
				symptoms.