reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 4 - Appeals, Investigations, Hearings and Grievances › Section 1 CSR 20-4.020 - Grievance Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes prohibitions on state
				  agencies' ability to establish grievance procedures for employees to grieve
				  certain employment actions.
(1) Prohibited Grievance Procedures.
(A) No state agency may establish a grievance
				procedure permitting a state employee, including a part-time employee, other
				than a regular employee, to grieve a dismissal or any other action that would
				limit the right to terminate employment at will.
(B) Subsequent to the effective date of this
				rule, no state agency may enter into an agreement with a certified bargaining
				unit providing for the same or any alternative dispute resolution procedure
				regarding the matters prohibited in subsection (1)(A).
(C) The foregoing prohibitions shall not
				apply to grievance procedures that allow for the presentation of allegations
				that a dismissal or any other employment action was taken for a reason
				prohibited by law.
(D) A "grievance
				procedure" as used in this section means a right to a process or practice
				whereby an employee could have a decision addressing any of the foregoing
				matters reviewed either within or outside the employee's agency.
(E) The prohibition on the creation of a
				grievance procedure contained in this section does not prohibit a state agency
				from adopting policies allowing for the reporting of instances of unlawful
				discrimination or other illegal acts, as well as policies permitting the agency
				the discretion to review and address other employee concerns regarding other
				employees, facilities, or other aspects of their work environment. Such
				policies are specifically excluded from the grievance procedures prohibited by
				this rule.
(F) The grievance
				procedure found in sections (2)-(4) of this rule shall not apply to state
				employees, including part-time employees, other than regular employees. This
				section does not prevent an employing agency from bargaining over a grievance
				procedure addressing employment actions other than dismissal, so long as no
				terms affect the employing agency's right to terminate at will non-regular
				employees.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 5 - Working Hours, Holidays and Leaves of Absence › Section 1 CSR 20-5.010 - Hours of Work and Holidays

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes duplicative statutory
				  language and makes other minor revisions.
(1) Hours of work and attendance are governed
				by the following provisions:
(A) The
				appointing authority in each agency establishes the working days and the hours
				of attendance for employees of that agency and other rules in regard to
				attendance as are deemed necessary. A full-time employee normally will be
				scheduled to work forty (40) hours within a fixed and regularly recurring seven
				(7)-day period established for the employee's position.
1. In the case of law enforcement personnel
				employed by a recognized law enforcement agency, the director may approve the
				establishment of normal working hours in excess of those specified in
				subsection (1)(A), provided the work period, schedules, and overtime standards
				are consistent with applicable statutes or rules. For the purpose of this rule,
				law enforcement personnel includes uniformed or plainclothed members of a body
				of officers who have the power of arrest and who are statutorily empowered to
				enforce laws designed to maintain public peace and order, to protect life and
				property from accidental or willful injury, to prevent and detect crimes, and
				who undergo on-the-job training a course of instruction, or both.
2. In the case of personnel employed at a
				hospital or residential care facility, the director may approve the
				establishment of normal working hours in excess of those specified in
				subsection (1)(A), provided the work period, schedules and overtime standards
				are consistent with applicable statutes or rules;
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 5 - Working Hours, Holidays and Leaves of Absence › Section 1 CSR 20-5.015

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 36.060, RSMo 1945, amended 1971, 1979,
					 1993, 1995; and 36.070, RSMo 1945, amended 1979,
					 1995.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 5 - Working Hours, Holidays and Leaves of Absence › Section 1 CSR 20-5.025 - ShareLeave

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes guidelines and
				  standards regarding donated leave programs under the authorization of section
				  36.350,
				  RSMo. These guidelines and standards provide a framework to agencies for the
				  establishment of their ShareLeave programs.
(1) The state agencies that are covered under
				section
				36.350,
				RSMo, may establish ShareLeave programs within their agencies for employees to
				donate leave to other employees. These programs may be established under the
				conditions set out within the following regulations:
(A) As used in this rule, unless the context
				clearly indicates otherwise, the following terms mean:
1. ShareLeave means a pool of leave hours
				donated by eligible employees that may be conveyed from the pool to other
				eligible employees;
2. A
				catastrophic illness or injury is one which is life threatening, terminal, or
				likely to result in a substantial permanent disability; and
3. ShareLeave pool means a repository of
				eligible leave hours that is maintained by a department or agency of state
				government for the purposes set forth under the ShareLeave program.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 5 - Working Hours, Holidays and Leaves of Absence › Section 1 CSR 20-5.030 - Borrowed Leave

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for borrowed leave use
				  and availability in response to Coronavirus Disease 2019
				  (COVID-19).
(1) Scope. This
				rule establishes the availability and eligibility requirements of borrowed
				leave within state agencies subject to section
				36.350,
				RSMo, notwithstanding any other rule in this chapter to the contrary. The board
				expects that section (2) of this rule will be rescinded when the availability
				of borrowed leave in response to the COVID-19 pandemic is no longer
				necessary.
(2) Borrowed Leave.
(A) State agencies may permit employees who
				have exhausted their sick leave balance to borrow against future sick leave
				accruals in circumstances caused directly or indirectly by COVID-19 as
				specified in this rule.
(B)
				Borrowed leave may be approved by state agencies in accordance with a written
				interagency memorandum issued by the Commissioner of the Office of
				Administration. The board does not anticipate that this memorandum will
				substantially affect the legal rights of, or procedures available to, the
				public or any segment thereof, because it only impacts the internal management
				of state agencies. In response to the exigencies created by the COVID-19
				pandemic, the memorandum may describe any of the following:
1. The circumstances in which borrowed leave
				may be approved;
2. The amount of
				borrowed leave available, which may vary by circumstance;
3. Documentation requirements applicable to
				borrowed leave, which may vary by circumstance;
4. Additional requirements applicable upon
				taking threshold amounts of borrowed leave;
5. The procedure by which borrowed leave will
				be repaid while the employee remains in state service;
6. The establishment of Share Leave programs
				by which eligible employees may donate leave hours to assist recipient
				employees in the repayment of borrowed leave; and
7. Any other procedures or requirements
				incident to the administration of leave as the commissioner believes to be
				appropriate and necessary to address the emergency created by the COVID-19
				pandemic.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 6 - Management Training › Section 1 CSR 20-6.010 - Leadership Development

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds a required training
				  topic and reduces the number of training hours required per
				  year.
(1) Definitions. As used
				in this rule, unless the context clearly indicates otherwise, the following
				terms shall mean:
(A) Supervisor, a person
				responsible for planning, organizing, directing, coaching, and evaluating the
				work of employees;
(B) Manager, a
				supervisor who directs the work of other supervisors, monitors and evaluates
				the progress of an organization, and makes adjustments in objectives, work
				plans, schedules, and commitment of resources; and
(C) Executive, a manager who serves at the
				top levels of an agency or division.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 2 - Capital Improvement and Maintenance Budget › Section 1 CSR 30-2.010 - Capital Improvement and Maintenance Budget Rule Objectives

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded June 30, 2008)
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 2 - Capital Improvement and Maintenance Budget › Section 1 CSR 30-2.020

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 8.320, RSMo 1958, amended 1965; 8.360,
					 RSMo 1958, amended 1965; and 33.220, RSMo 1939, amended 1945,
					 1971.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 2 - Capital Improvement and Maintenance Budget › Section 1 CSR 30-2.030

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 8.320, RSMo 1958, amended 1965; 8.330,
					 RSMo 1958, amended 1965; 8.360, RSMo 1958, amended 1965; and 33.220, RSMo 1939,
					 amended 1945, 1971.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 2 - Capital Improvement and Maintenance Budget › Section 1 CSR 30-2.040

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 8.320, RSMo 1958, amended 1965; 8.360,
					 RSMo 1958, amended 1965; and 33.220, RSMo 1939, amended 1945,
					 1971.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 2 - Capital Improvement and Maintenance Budget › Section 1 CSR 30-2.050

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 8.320, RSMo 1958, amended 1965; 8.360,
					 RSMo 1958, amended 1965; and 33.220, RSMo 1939, amended 1945,
					 1971.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 3 - Capital Improvement and Maintenance Program › Section 1 CSR 30-3.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 8.310, RSMo 1958, amended 1965, 1984,
					 1987, 1995 and 8.320, RSMo 1958, amended
					 1965.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 3 - Capital Improvement and Maintenance Program › Section 1 CSR 30-3.020

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 8.310, RSMo 1958, amended 1965, 1984,
					 1987, 1995 and 8.320, RSMo 1958, amended
					 1965.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 3 - Capital Improvement and Maintenance Program › Section 1 CSR 30-3.030 - Project Design

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the procedure for
				  design of projects.
(1)
				Selection of Designer.
(A) Design by
				Department/Agency. The department/agency may recommend in-house design for
				those projects within their capability and capacity, provided they have
				licensed engineers or architects to seal the prepared plans and specifications.
				The director will concur with this recommendation unless there appears to be a
				substantial question of capability or capacity. The director will be the
				determining authority for questions of department/agency capacity and/or
				capability for design of projects.
(B) Design by Division of Facilities
				Management, Design and Construction. The director will examine projects
				remaining after selections for in-house department/agency design. Those
				projects that are cost prohibitive to be done by consultants or for which the
				Division of Facilities Management, Design and Construction has the capability
				and capacity may be selected for in-house design by that division.
(C) Design by Consultants. Private
				consultants will be selected by the director for design of the balance of the
				projects.
1. The director will maintain a
				file and database of consultant firms who have expressed interest in performing
				work on projects. This file will include notations of specific areas of
				experience or expertise as expressed by each consultant firm and ratings of
				previous projects completed and evaluated by the division.
2. The department/agency may make
				recommendations for selections of consultants for design of projects not
				selected for in-house design.
3.
				The selection of consultants will be based on the factors set forth in section
				8.289,
				RSMo.
The director will approve the selected consultants after
				  full consideration of the consultants' professional and technical competence,
				  experience, special expertise, and capacity necessary for studies and/or design
				  of proposed projects.
A. Consideration
				will be given to providing opportunities for as many competent consultants as
				possible. Consultants who have not been retained for recent state projects will
				be given priority consideration in selections for new projects.
B. In those projects or programs where
				continuity is a significant factor, consideration will be given to continued
				retention of a consultant already engaged for existing projects or
				programs.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 3 - Capital Improvement and Maintenance Program › Section 1 CSR 30-3.035

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 8.291, RSMo 1983, amended
					 2007.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 3 - Capital Improvement and Maintenance Program › Section 1 CSR 30-3.040 - Project Contracts and Work Completion

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the procedures for
				  accomplishing the work on projects under the supervision of the director of the
				  Division of Facilities Management, Design and Construction.
(1) Project Supervision. The director is
				responsible for supervision of work on all projects with the exception of
				projects for agencies that are exempt from this rule as set forth below.
(A) Department/Agency/Site. The
				department/agency and personnel at the project site are responsible for
				providing the contractor with reasonable access to the project site, available
				utility connections, and authorized storage areas. These will be arranged to
				minimize interference between necessary operations at the facility and the
				project work. Department/agency/site personnel shall:
1. Cooperate by exchanging information and
				coordinating with the contractor, but shall not assist the contractor with, or
				issue instructions on, project work;
2. Cooperate with and assist, to the extent
				possible, the director's on-site representative and the designer in observing
				the work, equipment, and materials on the site; and
3. Report unusual occurrences or apparent
				problems to the director's on-site representative at the earliest
				opportunity.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 3 - Capital Improvement and Maintenance Program › Section 1 CSR 30-3.050 - Project Payments, Acceptance and Occupancy

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the procedures for
				  payments and acceptance and occupancy of projects.
(1) Payments. Payments to the contractor will
				be made after review and verification of work and materials in place and/or
				on-site. Review and verification will generally be accomplished as part of a
				periodic construction progress meeting. When possible, apparent differences
				between the requests for payment and work or material will be resolved so that
				the request for payment may be signed by the director's on-site representative,
				the contractor and the designer prior to conclusion of the progress meeting.
				When necessary, the payment request will be transmitted to the
				department/agency. The department/agency shall sign and return the payment
				request to the division within five (5) working days after receipt of the
				payment request.
(A) Projects Costing One
				Hundred Thousand Dollars ($100,000) or More. Payment for labor and material on
				projects costing one hundred thousand dollars ($100,000) or more shall be made
				in accordance with section
				8.260,
				RSMo.
(B) Projects Costing Less
				Than One Hundred Thousand Dollars ($100,000). Payment for labor and materials
				on projects costing less than one hundred thousand dollars ($100,000) shall be
				made in accordance with section
				8.270,
				RSMo.
(C) Final Payment. Final
				payment will not be made until all work under the contract has been completed
				and accepted, documentation as required by the director has been furnished, and
				project records have been delivered to the director's on-site representative.
				After review and approval of the requests for payment, reports, records, and
				other documentation by the director or his/her designee, final payment may be
				made.
(D) Projects Supported with
				Non-Appropriated Funds. All payments for projects supported directly with
				donated, grant, or other funding not appropriated by the General Assembly shall
				be made in accordance with agreements established in the initial coordination
				of that project and after approval of the director or his/her
				designee.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 3 - Capital Improvement and Maintenance Program › Section 1 CSR 30-3.060

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 8.320,RSMo 1958, amended
					 1965.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 4 - Facility Maintenance and Operation › Section 1 CSR 30-4.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 8.320, RSMo 1958, amended 1965 and
					 8.360, RSMo 1958, amended 1965.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 4 - Facility Maintenance and Operation › Section 1 CSR 30-4.020 - Facility Management

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes standards and
				  procedures for management of buildings or facilities under the operational
				  direction of the Division of Facilities Management, Design and
				  Construction.
(1) Energy
				Conservation.
(A) General. Under the
				direction of the Division of Facilities Management, Design and Construction,
				each facility should implement energy conservation programs and initiatives
				that have the goal of more efficient use of energy and utilities. The program
				should include active management, supervision, and tracking in order to assure
				that energy conservation goals are achieved. Revisions of operational practices
				and procedures should be incorporated to obtain revised goals and/or projects
				as conditions change or new requirements develop.
(B) Program Development.
1. New construction or alterations. New
				construction or alterations to existing facilities shall require that all major
				elements and systems which consume energy or utilities be evaluated to
				economically minimize energy use. Requirements shall be established for
				designers of new facilities or alterations to existing facilities to provide
				(at a minimum) a summary of the examination and conclusions which established
				the annual energy consumption, selection of each utility system, and each major
				item of energy consuming equipment. The energy conservation standards and
				criteria established by the director or the American Society of Heating,
				Refrigeration and Air Conditioning Engineers (ASHRAE) in the most current
				edition or Federal Energy Management Program (FEMP) standards whichever is more
				stringent and has been established as the energy standards and criteria for
				Missouri facilities. These standards and criteria shall be utilized in
				designing and selecting systems and equipment which consume utilities or
				energy.
2. Existing facilities.
A. Energy audit. The Division of Facilities
				Management, Design and Construction should maintain energy information allowing
				for audits and benchmarking of each facility to determine where and how energy
				is used. The process should identify if energy usage can be reduced by changes
				in operating practices, equipment, or building systems or physical
				conditions.
B. Implementation.
				Those changes which can be made within current appropriations should be made
				immediately. Changes which require additional funding, for example, purchase of
				new equipment, energy saving capital improvements, should be implemented as
				soon as funds are available. Energy conservation measures shall be implemented
				which generate cumulative savings equal to their cost within the number of
				years considered by industry standards to be cost effective.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 4 - Facility Maintenance and Operation › Section 1 CSR 30-4.030

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 8.320, RSMo 1958, amended 1965 and
					 8.360, RSMo 1958, amended 1965.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 4 - Facility Maintenance and Operation › Section 1 CSR 30-4.040

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 8.320, RSMo 1958, amended 1965 and
					 8.360, RSMo 1958, amended 1965.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 5 - Minority/Women Business Enterprises › Section 1 CSR 30-5.010 - Minority/Women Business Enterprise and Service Disabled Veteran Business Enterprise Participation in State Construction Contracts

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This regulation establishes a uniform
				  program by which Minority Business Enterprises (MBEs) and Women Business
				  Enterprises (WBEs) that have been certified by the Office of Equal Opportunity
				  (OEO) and Service Disabled Veteran Business Enterprises (SDVEs) listed with the
				  Division of Facilities Management, Design and Construction (FMDC) may
				  participate in construction contracts let by the FMDC.
(1) Definitions.
(A) "Bidder" means one who submits a response
				to a solicitation by FMDC for construction services.
(B) "Bid" means a bid proposal submitted to
				FMDC by a bidder.
(C) "Contract"
				means a mutually binding legal relationship or any modifications obligating the
				contractor to furnish construction supplies or services.
(D) "Contractor" means one who participates,
				through a contract, in any project covered by these regulations.
(E) "Commissioner" means the commissioner of
				the Office of Administration.
(F)
				"Director" means the director of the Division of Facilities Management, Design
				and Construction.
(G) "FMDC" means
				Division of Facilities Management, Design and Construction within the Office of
				Administration.
(H) "Joint venture"
				means an association of two (2) or more businesses to carry out a single
				business enterprise for profit for which purpose they combine their property,
				capital, efforts, skills, and knowledge.
(I) "MBE" means Minority Business
				Enterprise.
(J) "Minority." The
				definition in 1 CSR
				10-17.010(1)(F) will be
				applied.
(K) "Minority Business
				Enterprise." The definition in section 37.020.1(3), RSMo, will be
				applied.
(L) "OEO" means the Office
				of Equal Opportunity within the Office of Administration.
(M) "Service-disabled veteran" means any
				individual who is disabled as certified by the appropriate federal agency
				responsible for the administration of veterans' affairs.
(N) "Service-Disabled Veteran Business
				Enterprise" (SDVE). The definition contained in section
				34.074,
				RSMo, will be applied.
(O) "WBE"
				means Women Business Enterprise.
(P) "Women Business Enterprise" The
				definition in section
				37.020(6),
				RSMo, will be applied.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 6 - Leasing › Section 1 CSR 30-6.010 - Leasing of Space for the Various Agencies of State Government

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 1998)
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 35 - Division of Facilities Management › Chapter 2 - Leasing › Section 1 CSR 35-2.030 - Procurement and Management of Leased Real Property

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the Office of
				  Administration as the agency of authority and responsibility for procuring and
				  managing leased real property, and establishes uniform procedures for procuring
				  and managing leased real property.
(1) As used in this regulation-
(A) "Agency" means any organizational unit of
				state government, with the exception of the General Assembly, elected
				officials, the judiciary, Missouri Department of Conversation, Missouri
				Department of Transportation, institutions of higher education, and bodies
				corporate and politic;
(B) "Leased
				premises" means the property being or to be leased;
(C) "Lessor" means the landlord, owner, or
				agent of the owner of the leased premises;
(D) "Lessee" means the state of
				Missouri;
(E) "Tenant/using agency"
				means the organizational unit of state government which occupies the leased
				premises;
(F) "Premises" means all
				land, buildings, and equipment furnished as part of the property leased to the
				state;
(G) "Request for Proposal
				(RFP)" means a document describing the particular specifications the facility
				must comply with and the terms and conditions of the contract; and
(H) "Lease" means the documents formalizing
				and binding the lessor and the lessee. Contract documents include the signed
				request for proposal, any amendments thereto, and the countersigned award
				page.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 35 - Division of Facilities Management › Chapter 2 - Leasing › Section 1 CSR 35-2.060 - Leases of Excess Property to Governmental and Private Entities

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment is intended to
				  clarify the responsibilities and authority of the Office of Administration,
				  Division of Facilities Management, Design and Construction, and other state
				  agencies for leasing of state-owned property. This proposed amendment is also
				  intended to update the regulation and to provide more flexibility when leasing
				  state-owned property.
(1)
				Definitions. As used in this rule,
				1 CSR
				35-2.060 -
(A)
				"FMDC" means the Office of Administration, Division of Facilities Management,
				Design and Construction;
(B)
				"State-owned property" means real property, either improved or unimproved, that
				is owned by the state of Missouri and vested in the governor. This does not
				include property owned or possessed by the State Highways and Transportation
				Commission, Conservation Commission, Department of Natural Resources, the
				University of Missouri, or other institutions of higher education;
(C) "Excess property" means state-owned
				property that is vacant or not fully utilized and not capable of being
				effectively utilized by any consolidated state agency;
(D) "Holding agency" means a consolidated
				state agency that is or was an occupant of excess property;
(E) "Non-state entity" means a private entity
				or governmental entity that is not part of the three (3) primary branches of
				state government;
(F) "Consolidated
				state agency" means an organizational unit of the primary branches of state
				government without legal authority to engage in leasing real estate
				transactions; and
(G)
				"Non-consolidated state agency" means an organizational unit of the primary
				branches of state government with its own legal authority to engage in leasing
				real estate transactions.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 40 - Purchasing and Materials Management › Chapter 1 - Procurement › Section 1 CSR 40-1.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 34.050, RSMo 1939, amended 1945, 1993,
					 1995; and 536.023, RSMo 1975, amended 1976,
					 1977.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 40 - Purchasing and Materials Management › Chapter 1 - Procurement › Section 1 CSR 40-1.030

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 34.050, RSMo 1939, amended 1945, 1993,
					 1995 and 34.074, RSMo 2008, amended
					 2010.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 40 - Purchasing and Materials Management › Chapter 1 - Procurement › Section 1 CSR 40-1.040

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 34.050, RSMo 1939, amended 1945, 1993,
					 1995.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 40 - Purchasing and Materials Management › Chapter 1 - Procurement › Section 1 CSR 40-1.060 - Vendor Registration, Notification of Bidding Opportunities, Suspension, and Debarment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes procedures for vendor
				  registration, vendor notification of bidding opportunities and procedures for
				  suspension and debarment of vendors.
(1) Any individual, business or organization
				may complete a vendor registration in order to be added to the official vendor
				data base. It is the vendor's sole responsibility to update their vendor
				registration information.
(2) A
				person, business, or corporation contracting with the state shall be considered
				as an independent contractor and shall not be considered nor represent
				him/herself as an employee or agency of the state. A corporation must be
				authorized to do business in Missouri by registering with the Office of the
				Secretary of State before proceeding with work under a contract unless
				specifically exempt pursuant to section
				351.572,
				RSMo.
(3) The division may
				institute an annual fee to allow registered vendors the ability to receive
				automatic email notification of bidding opportunities for their selected
				commodity/service codes through the online registration system and the ability
				to submit electronic bids.
(4)
				Email notification and online bidding capabilities will be limited to those
				vendors that have properly registered and paid the annual fee, if
				required.
(5) The division may
				include contract clauses requiring the awarded contractor to issue a payment to
				the state or the state's designee for a stated percentage as outlined in the
				contract.
(6) The director, or
				designee, may suspend a vendor for cause. The vendor shall be mailed a formal
				notice of suspension outlining the reasons for, the specific conditions of, and
				the effective period of the suspension. Upon completion of the suspension
				period it shall be the responsibility of the vendor to request reinstatement if
				desired. A request for reinstatement should be made in writing.
(A) Any bids/proposals submitted by the
				suspended vendor shall not be considered.
(B) The suspension of a vendor may be for a
				period of up to one hundred eighty (180) days for a first violation and for not
				more than a year for subsequent violation(s).
(C) The vendor may appeal suspension by
				submitting a written request to the director or commissioner within fourteen
				(14) calendar days after receipt of the formal notice. The vendor must provide
				specific evidence and reasons why suspension is not necessary. On the basis of
				this information, the suspension may be modified, rescinded, or affirmed. The
				decision shall be final and mailed to all parties.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 40 - Purchasing and Materials Management › Chapter 1 - Procurement › Section 1 CSR 40-1.070 - Minority/Women Business Enterprise Participation in Procurement Process

Current through Register Vol. 49, No. 14, July 15, 2024
(Moved to
				  1
				  CSR 10-17.050 )
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 40 - Purchasing and Materials Management › Chapter 1 - Procurement › Section 1 CSR 40-1.080 - Minority/Women Business Enterprise Certification

Current through Register Vol. 49, No. 14, July 15, 2024
(Moved to
				  1 CSR
				  10-17.040 )
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 40 - Purchasing and Materials Management › Chapter 1 - Procurement › Section 1 CSR 40-1.090

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 630.405, RSMo 1980, amended 1993,
					 1995, 2001.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 50 - Missouri Ethics Commission › Chapter 1 - Organization › Section 1 CSR 50-1.010 - General Organization

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the general organization
				  of the commission and the methods and procedures people may use to obtain
				  information about the commission, as required by section
				  536.023,
				  RSMo.
(1) The Missouri Ethics
				Commission was created by section
				105.955,
				RSMo. Section 105.955.14, RSMo sets forth the commission's duties and
				responsibilities relevant to the impartial and effective enforcement of
				sections
				105.450 to 105.498
				and Chapter 130, RSMo.
(2) The
				commission consists of six (6) members. Not more than three (3) members of the
				commission shall be members of the same political party, nor shall more than
				one (1) member be from any one United States congressional district. All
				members shall be appointed by the governor without compensation. The commission
				shall biannually elect one (1) of its members as chairperson of the
				commission.
(3) The commission
				shall appoint an executive director who shall serve subject to the supervision
				of and the pleasure of the commission, but in no event for more than six (6)
				years. The executive director shall be responsible for the administrative
				operations of the commission and perform such other duties as may be delegated
				or assigned to him/her by law or by rule of the commission. The executive
				director shall employ staff and retain such contract services as s/he deems
				necessary, within the limits authorized by appropriations of the general
				assembly.
(4) The general public
				may obtain information about the commission or make submissions to the
				commission at the commission's offices in Jefferson City, Missouri.
(5) The commission holds periodic meetings, a
				part of which are open to the public, in Jefferson City or in other cities as
				designated by the commission. Notice of these meetings appear at the
				commission's offices or by mail to persons requesting this notice.
*Original authority: 105.955, RSMo 1991, amended 1994,
					 1995, 1996, 1997, 1999.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 50 - Missouri Ethics Commission › Chapter 2 - Hearing Procedures for Enforcement Cases › Section 1 CSR 50-2.015 - Initiation of Enforcement Case

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the manner in which a case is
				  initiated.
(1) A case initiated
				pursuant to subsection 3 of section
				105.961,
				RSMo, shall be commenced after the commission has received and reviewed a
				report from a special investigator made pursuant to subsection 1 of section
				105.961,
				RSMo, or an audit conducted pursuant to section
				105.959,
				RSMo, and the commission has concluded, based upon such report or upon such
				audit, that there are reasonable grounds to believe that a violation of any law
				has occurred which would authorize the commission to take action pursuant to
				section
				105.961,
				RSMo. Upon such conclusion-
(A) A complaint,
				directed to the object(s) of the special investigator's report or audit, shall
				be prepared as provided by section
				536.063,
				RSMo;
(B) Such complaint shall be
				filed with the commission and shall affirmatively request relief within the
				jurisdiction of the commission should the commission determine, after
				conducting a hearing, that probable cause exists to find the person named in
				the complaint in violation of the provisions of law set forth in the complaint;
				and
(C) If any commissioner, the
				attorney general or any member of their staff is the subject of any
				investigation or complaint, or is in any manner related or connected to the
				subject of any investigation or complaint to a degree indicative or suggestive
				of a conflict of interest, neither the commissioner nor commission staff
				members, the attorney general nor any assistants shall participate in any
				manner in the handling or disposition of the investigation and
				complaint.
(D) An amended complaint
				may be filed without the commission's leave any time before the respondent
				serves a responsive pleading, but no later than ten (10) days before a
				scheduled hearing. An amended complaint may be filed with the commission's
				leave at any time before the hearing by the requesting party filing a motion to
				amend the complaint with the commission. The motion shall include the amended
				complaint proposed to be filed. Nothing in this rule shall prevent an amendment
				of the complaint to conform to the evidence.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 50 - Missouri Ethics Commission › Chapter 2 - Hearing Procedures for Enforcement Cases › Section 1 CSR 50-2.030 - Ex Parte Communications

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies who may communicate with
				  the commission in efforts to settle a case and the terms under which that
				  communication may occur.
(1) A party
				or the party's representative shall not communicate, directly or indirectly,
				with any member of the commission in connection with any issue of fact or in
				connection with any other substantive issue relating to a specific case except
				upon notice and opportunity for all parties to participate.
(2) The commission staff may communicate with
				the commission in an effort to settle cases pending before the commission
				without providing notice and an opportunity to be heard by all
				parties.
*Original authority 1991, amended 1994, 1995,
					 1996.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 50 - Missouri Ethics Commission › Chapter 2 - Hearing Procedures for Enforcement Cases › Section 1 CSR 50-2.040 - Prehearing Conferences

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies when and under what
				  circumstances a party may request a prehearing conference.
(1) Requests for a prehearing conference
				shall be in writing and shall plainly state the requested purpose(s) for the
				prehearing conference, consistent with the purposes identified in 1 CSR
				50-2.040(4). Requests should be submitted no later than seven (7) days before a
				scheduled hearing.
(2) The
				commission, or a presiding commissioner designated for that purpose, may hold
				one (1) or more prehearing conferences for the purpose of facilitating the
				hearing process, ruling on procedural motions, and making other determinations
				as may be necessary for the efficient function of the hearing
				process.
(3) The prehearing
				conference shall be held by teleconference, or videoconference if available,
				unless the commission or presiding commissioner shall decide an in-person
				conference is required.
(4) The
				purpose of the prehearing conference may be to-
(A) Determine the date, location, and length
				of the hearing;
(B) Simplify the
				issues;
(C) Obtain admissions as
				to, or stipulations of, facts not in dispute or authenticate documents which
				might properly shorten the hearing;
(D) Determine and discuss the status of
				discovery; and
(E) Determine other
				matters as may be properly dealt with to aid in expediting the orderly conduct
				and disposition of the proceeding.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 50 - Missouri Ethics Commission › Chapter 2 - Hearing Procedures for Enforcement Cases › Section 1 CSR 50-2.050 - Prehearing Discovery

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedures and scope
				  of prehearing discovery
.
(1)
				The commission shall follow the procedural rules as set out in these rules as
				well as the Missouri Rules of Civil Procedure and Chapters 105 and 536,
				RSMo.
(2) Any party to a hearing
				may take and use depositions in the same manner, upon the same notice as is or
				may be hereafter provided in section
				536.073,
				RSMo and the Missouri Rules of Civil Procedure. No part of a deposition shall
				constitute a part of the record in a proceeding, unless received as evidence by
				the commission. Objection may be made at the hearing in the proceeding to
				receiving in evidence any deposition or part of the deposition for any reason
				which would require the exclusion of the evidence if the witnesses were then
				present and testifying.
(3) The
				original of all depositions shall be filed with the commission with a copy
				being served on each party.
(4)
				Discovery subpoenas and subpoenas
duce stecum
shall be issued
				in the same manner and under the same conditions as stated in
				1 CSR
				50-2.060. The commission shall have the authority to
				impose sanctions for failure to comply with reasonable discovery requests in
				the same manner as set forth in the Missouri Rules of Civil Procedure, except
				that the commission shall not have the authority to issue an order treating as
				a contempt of court the failure to obey any subpoena to comply with any
				discovery.
(5) The commission shall
				have the authority to impose sanctions for failure to comply with reasonable
				discovery requests in the same manner as set forth in the Missouri Rules of
				Civil Procedure, except that the commission shall not have the authority to
				issue an order treating as a contempt of court the failure to obey any subpoena
				to comply with any discovery.
*Original authority 1991, amended 1994, 1995,
					 1996.
Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 50 - Missouri Ethics Commission › Chapter 2 - Hearing Procedures for Enforcement Cases › Section 1 CSR 50-2.060 - Subpoenas and Subpoenas Duces Tecum

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedure for the
				  issuance of subpoenas and subpoenas duces tecum.
(1) The commission shall issue subpoenas upon
				the request of any party. Subpoenas shall be processed in accordance with the
				provisions of section
				536.077,
				RSMo.
(2) The commission, in
				appropriate circumstances, shall issue subpoenas
duces tecum
upon the request of any party. Requests for issuance of a subpoena
duces tecum
shall be in writing and shall include the name of
				the person to be served; the date for his/her appearance; and the description
				of books, papers, records or documents sought to be subpoenaed.
(3) Requests for the issuance of subpoenas
				and subpoenas
duces tecum
shall be directed to the
				commission.
(4) Where a subpoena or
				a subpoena
duces tecum
is requested and issued at the instance
				of any party to a hearing or other proceeding, the responsibility for service
				and the cost of the subpoena, witness and mileage fees shall be borne by the
				party at whose instance it has been requested and issued, unless otherwise
				ordered by the commission for good cause shown. Witness and mileage fees shall
				be paid in the same manner as paid in civil actions before the circuit
				courts.
(5) Subpoenas and subpoenas
duces tecum
shall be enforced as provided in section
				536.077,
				RSMo.
*Original authority: 105.955, RSMo 1991, amended 1994,
					 1995, 1996, 1997, 1999.