reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 12 - Scenic Byways › Section 7 CSR 10-12.030 - Nomination Review Process

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes unnecessary
				  requirements in the nomination review process not found in state statute and
				  eliminates the requirement of a biennial review.
(1) Initial Screening. The Missouri
				Department of Transportation is responsible for the initial screening of all
				nomination application packages. The completeness and accuracy of the
				application and the zoning of the proposed byway is reviewed.
(A) If any deficiencies in the application
				are discovered, the applicant is notified by the Missouri Department of
				Transportation and has ninety (90) days to resubmit the corrected
				application.
(B) If the application
				package appears complete, the Missouri Department of Transportation shall:
1. Send a letter to all affected governing
				bodies in the proposed byway area informing them of the nomination and
				requesting zoning information and a letter of intent; and
2. Compile a report on the proposed byway
				including traffic, accident, and other pertinent safety data.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 13 - Plant Collection from Right-of-Way › Section 7 CSR 10-13.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 227.030, RSMo 1939 and
					 229.475-229.479, RSMo 1993.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 14 - Adopt-A-Highway Program › Section 7 CSR 10-14.010 - Purpose

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides the purpose for the
				  Adopt-A-Highway Program.
(1)
				The purpose of the Adopt-A-Highway Program is to provide volunteer community
				support for litter prevention and highway beautification programs with the
				potential for a cost savings to the Missouri Department of Transportation for
				use for other highway purposes.
(2)
				This program will reduce litter along the highways, enhance the environment and
				beautify Missouri's roadsides.
(3)
				The program is not intended as a means of providing a public forum for the
				participants to use in promoting name recognition or political causes. Missouri
				highway right-of-way is not a public forum.
*Original authority: 227.030, RSMo
					 1939.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 14 - Adopt-A-Highway Program › Section 7 CSR 10-14.020 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms used in this
				  chapter.
(1) Adopted section
				means a particular section of state highway right-of-way designated by the
				commission to be adopted by the volunteer individual or group participating in
				the Adopt-A-Highway Program.
(2)
				Adopter means the individual or group approved by the commission to be a
				participant in the Adopt-A-Highway Program.
(3) Adopter representative means a group
				member designated to represent the volunteer group and serve as its liaison
				with the commission. The adopter representative is the person who signs the
				agreement.
(4) Agreement means the
				written agreement between the volunteer individual or group adopting a section
				of highway right-of-way and the commission.
(5) Applicant means the individual or group
				applying for participation in the Adopt-A-Highway Program.
(6) Chief engineer means the chief engineer
				of the Missouri Department of Transportation or his/her authorized
				representative.
(7) Chief financial
				and administrative officer means the chief financial and administrative officer
				of the Missouri Department of Transportation or his/her authorized
				representative.
(8) Commission
				means the Missouri Highways and Transportation Commission, or its authorized
				representative.
(9) Department
				means the Missouri Department of Transportation.
(10) Director means the director of the
				Missouri Department of Transportation or his/her authorized
				representative.
(11) Director of
				system management means the director of system management of the Missouri
				Department of Transportation or his/her authorized representative.
(12) District engineer means the district
				engineer of the Missouri Department of Transportation or his/her authorized
				representative.
(13) Litter means
				any unsightly matter that may include, but is not limited to, disposable
				packaging, containers, cans, bottles, paper and cigar or cigarette butts.
				Litter does not include hazardous, heavy or large items.
(14) Participant means any individual,
				including individuals within a group, who will be participating in the program
				activity.
(15) Program means the
				Adopt-A-Highway Program.
(16)
				Program activity means litter pickup and/or beautification and/or
				mowing.
(17) Signs mean the
				Adopt-A-Highway signs provided by the department.
(18) State maintenance engineer means the
				state maintenance engineer of the Missouri Department of Transportation or
				his/her authorized representative.
(19) Violent criminal activity means any
				offense having as an element the use, attempted use, or threatened use of
				physical force against the person or property of another or any offense
				involving weapons.
*Original authority: 226.130, RSMo 1939, amended 1993, 1995
					 and 227.030, RSMo 1939.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 14 - Adopt-A-Highway Program › Section 7 CSR 10-14.030 - Application for Participation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides criteria for eligible
				  adopters and application acceptance.
(1) The adopter or adopter representative of
				a group who desires to participate in the program shall submit an application
				to the commission on a form provided by the commission.
(A) An application completed by an individual
				on behalf of a group or organization must identify the group or organization
				for which the application is being submitted and failure to identify the group
				or organization on the application will result in rejecting the
				application.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 14 - Adopt-A-Highway Program › Section 7 CSR 10-14.050 - Sign

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides the specifications of the
				  signs used in the Adopt-A-High-way Program.
(1) The signs shall-
(A) Identify the adopter or, subject to the
				approval of the commission, may identify an individual in whose memory the
				adoption is being made;
(B) Be
				designed by the department as to size, color, and text; and
(C) Have the actual name of the adopter, or
				individual in whose memory the adoption is being made, with no telephone
				numbers, logos, slogans, dates or addresses, including Internet addresses, with
				verbiage kept to a minimum.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 14 - Adopt-A-Highway Program › Section 7 CSR 10-14.060 - Modification or Termination of the Agreement

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the commission to
				  terminate or modify the program agreement.
(1) The agreement may be modified or
				terminated at the discretion of the director, chief engineer, chief financial
				and administrative officer, director of systsem management, or state
				maintenance engineer.
(2) The
				director, chief engineer, chief financial and administrative officer, director
				of system management, and state maintenance engineer reserve the right to
				terminate the program agreement and remove the signs when it is found that:
(A) Continuing the agreement would be
				counterproductive to the program's purpose, or have undesirable results such as
				increased litter or vandalism or would jeopardize the safety of the
				participants, traveling public or department employees;
(B) The adopter is not meeting or has not met
				the terms and conditions of the agreement or any of the requirements set forth
				in
				7 CSR
				10-14.030-7 CSR
				10-14.050; or
(C) Actions of the adopter may be contrary to
				any legislative restrictions or any restrictions on the use of appropriated
				funds for political activities.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 15 - Contractor Prequalification › Section 7 CSR 10-15.010 - Prequalification to Bid of Certain Contractors

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment identifies that only
				  electronic bids will be received and clarifies that the Construction and
				  Materials Division is responsible for prequalification
				  determinations.
(1)
				Definitions.
(A) The following definitions
				apply to this rule:
1. "Commission" means the
				Missouri Highways and Transportation Commission and all its members, jointly
				and severally;
2. "Department"
				means the Missouri Highways and Transportation Department, which may also be
				commonly referred to as the Missouri Department of Transportation. "Department"
				includes the chief engineer and all other officers and employees of the
				department, unless the text of this rule clearly indicates a contrary
				construction is intended;
3. "Chief
				engineer" means the chief engineer of the department; or if that position is
				vacant, then it means the assistant chief engineer;
4. "Highway project" means any type or
				combination of excavation, construction, demolition, maintenance, fabrication,
				paving, dredging, repair, erection, electrical, landscaping, seeding and
				mulching, erosion control, installation, manufacturing, transportation, or
				other work, done under a contract with the commission or department on or for
				any existing or proposed road, highway, or bridge in the Missouri state highway
				system;
5. "Contract" means a
				written agreement between a contractor and the commission or department,
				including, but not limited to, a purchase order or similar writing. A contract
				may include two (2) or more different highway projects as part of a required or
				permissive combination; and
6.
				"Cost estimate" means the contractor's own estimate, in the form of a complete
				and responsive bid, submitted by a contractor for a highway project.
7. All bids shall be submitted electronically
				using the department's electronic bidding process.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 16 - Rest Areas › Section 7 CSR 10-16.025 - Public Information

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the rule to be
				  consistent with state laws that give the Rehabilitation Services for the Blind
				  jurisdictional rights to regulate and administer vending on state property,
				  clarifies the application of the rules if the Rehabilitation Services for the
				  Blind declines to exercise its rights, and updates the point of contact and
				  contact information to obtain information regarding the rule.
PURPOSE: This rule provides guidelines to interested
				  persons regarding the placement and licensing of publication vending machine
				  spaces on interstate highway rest areas for distribution of publications to the
				  public.
(1)
									 Section
				8.710,
				RSMo, provides jurisdictional rights to regulate and administer vending on
				state of Missouri property through the Department of Social Services, Family
				Support Division, Rehabilitation Services for the Blind.
(2)
									7 CSR 10-16.020
				through
				7 CSR
				10-16.050 apply if Rehabilitation Services for the
				Blind declines to exercise its right to regulate and administer vending of
				publications in rest areas. However, the commission itself may not operate any
				commercial vending machines or other commercial facilities in rest areas, as
				provided in section
				226.790,
				RSMo.
(3) Information regarding publications vending
				operations in machines on rest areas may be obtained in person, or by writing,
				or phoning the General Services Director, General Services Division, Missouri
				Department of Transportation, PO Box 270, Jefferson City, MO 65102-0270. The
				phone number of the division director is (573) 751-1650.
*Original authority: 226.020, RSMo 1939; 226.150, RSMo
					 1939, amended 1977; 226.750-226.790, RSMo 1965; and 227.030, RSMo
					 1939.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 16 - Rest Areas › Section 7 CSR 10-16.035 - Commission Responsibilities and Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the type of bins
				  permitted in the rest areas and deletes unnecessary and restrictive
				  wording.
PURPOSE: This rule provides the commission's
				  responsibilities and requirements for the placement of publication vending
				  machines on interstate highway rest areas for distribution of publications to
				  the public.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Location of Bins and Machines. In order
				to ensure the safety of patrons of rest areas, to protect the physical
				integrity of the rest area building and facilities, and to provide for the
				general aesthetics of the rest areas, only publication vending machines owned
				and installed by the commission are permitted at a rest area. The commission,
				in its sole discretion as provided in
				7 CSR 10-16.020
				through
				7 CSR
				10-16.050, will provide and install publication
				vending machines in easily accessible locations on the exterior near doors of
				the rest area buildings. Only one (1) publication will be dispensed in each
				bin.
(2) Procedures for
				Noncompliance with Rules.
(A) Noncompliance.
				The following are identified as a publisher's noncompliance with these rules:
1. Installation of noncommission equipment
				for purpose of publication distribution;
2. Failure to pay required license
				fee(s);
3. Damage to commission
				bin(s) and/or machine(s); or
4.
				Failure to pay the cost of the commission's remedial action(s).
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 16 - Rest Areas › Section 7 CSR 10-16.050 - Publisher Responsibilities and Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies only bins and
				  machines owned by the commission may be installed at rest areas, deletes the
				  unnecessary language regarding coin mechanisms, clarifies the terms of the
				  agreement, expands on the publisher's responsibilities, deletes redundant
				  language regarding a publisher's liability for damage caused to commission bins
				  and machines, and deletes unnecessary restrictive wording.
PURPOSE: This rule provides the publisher's
				  responsibilities and requirements for the distribution of publications in
				  publication vending machines in interstate highway rest areas.
(1) Publication Vending Machines. Only bins
				and machines owned and provided by the commission may be installed at a rest
				area.
(2) Duration of Rental Agreement. Each agreement
				between a licensee and a publisher or the publisher's agent authorizing the
				rental of one (1) or more bins may be for no less than (1) year in duration.
				Occupants of any rental space will be evicted from the rental space thirty (30)
				days after the expiration of the rental agreement unless renewed by agreement
				prior to the end of the thirty (30) days. To renew the lease of machine space,
				all license fees are required to be paid in full to the licensee. Failure to
				pay the license fee in full results in cancellation of the license and
				assignment of the machine space to the next party on the licensee's waiting
				list.
(3) Termination of Sub-licensing Agreement. Both the
				licensee and the publisher or its agent may terminate their sub-licensing
				agreement, provided no less than thirty (30)-days written notice is given. Upon
				termination of the sub-licensing agreement, the licensee shall refund the
				pro-rata share of the annual license fee for any remaining unused months of the
				term of the agreement.
(4) Publisher
				Responsible for Damages to Bins and Machines. The commission is responsible for
				the total cost to purchase, install, and improve a bin or machine. The
				publisher shall:
(A) Be responsible for any
				damage caused by it or its agents to the commission bin(s) or machine(s) and
				the contents thereof; and
(B)
				Reimburse the commission any costs incurred by the commission in repairing the
				damage, including the cost of replacement of the bin(s) or machine(s), as
				determined in the commission's sole discretion.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 17 - Supplemental Guide Sign Program › Section 7 CSR 10-17.030 - Administration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment includes editorial changes
				  for clarification and adds additional detail regarding how signs for seasonal
				  sites are addressed during their off season.
(1) This rule outlines the eligibility
				requirements to participate in the various signing programs.
(2) Signs covered in this rule only apply to
				commission roadways and sites located within the State of Missouri unless
				otherwise specified in this rule.
(3) Requests for participation in the Logo,
				Tourist Oriented Directional Signing (TODS), or Traffic Generator Programs are
				to be submitted to the program manager by the owner or authorized
				representative of a qualified entity.
(4) Before any qualified entity is permitted
				to participate in the Logo, TODS, or Traffic Generator Pro grams, any existing
				illegal advertising devices pertaining to that qualified entity shall be
				removed.
(5) No qualified entity
				may discriminate or be discriminated against with regard to race, color,
				religion, sex, age, handicap, or national origin. Each qualified entity
				identified by a Logo, TODS, or Traffic Generator sign shall have furnished
				written and notarized certification to the program manager of the entity's
				conformance to all applicable federal, state, and local laws, ordinances,
				rules, and regulations, and not be in breach of that certification.
(6) A qualified entity will enter into a
				participation agreement with the program manager.
(7) A sign removed for any of the reasons in
				subsections (7)(A)-(7)(C) will be charged a department-approved fee for
				re-installation. All fees paid by the qualified entity are not subject to
				refund. A qualified entity's sign may be removed no earlier than thirty (30)
				days after notification by the program administrator through written
				correspondence for any of the following reasons:
(A) Failure to pay fee; or
(B) Failure to meet the minimum requirements
				set forth by these rules for each program type; or
(C) Delinquency as to any of the previously
				mentioned violations.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 17 - Supplemental Guide Sign Program › Section 7 CSR 10-17.040 - Requirements for Tourist Oriented Directional Signing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment implements editorial changes
				  for clarification purposes.
(1) A qualified entity eligible for Tourist
				Oriented Directional Signing (TODS) signs shall meet the criteria as a tourist
				attraction or a motorist service, as defined in this rule, have a minimum
				annual attendance of two thousand (2,000) visitors in a consecutive twelve-
				(12-) month period. Signing will be limited to the following distances from the
				site:
(2) If the installation of a
				TODS sign directing traffic onto a nonstate route at an intersection is
				determined to be necessary by the program manager, the program manager will
				contact the appropriate jurisdiction owning the roadway and obtain written
				consent for such TODS installation. If the appropriate authority owning the
				roadway refuses to consent, that qualified entity shall not be eligible for
				TODS at that intersection.
(3)
				Where both TODS and Logo trailblazer signing would be authorized at the same
				intersection, the TODS signs will incorporate the information from, and be used
				in place of, the Logo trailblazer sign.
(4) Whenever an intersection on an express
				way is upgraded to an interchange, all TODS located at that interchange and any
				associated trailblazing signs shall be removed by the program
				manager.
(5) Only those qualified
				entities not plainly visible to the driver proceeding on the cross road will be
				considered for trailblazing signs. When the program manager determines
				trailblazer signs are needed, all trailblazing signs will be erected prior to
				erecting the intersection signs.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 17 - Supplemental Guide Sign Program › Section 7 CSR 10-17.050 - Logo Signing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment makes editorial changes for
				  clarity, removes the references for twenty-four- (24-) hour pharmacies, which
				  is being eliminated from the federal rules as a qualifying category, adds EV
				  Charging as an option for a secondary fuel message, and adds clarification
				  concerning the acceptable locations signs may be installed.
(1) To participate in the Logo signing
				program, a qualified entity must be a tourist attraction or provide one (1) or
				more of the following services: gas, food, lodging or camping, and have a
				minimum annual attendance of five thousand (5,000) visitors in a consecutive
				twelve- (12-) month period.
(A) Specific
				service signs shall be erected only for a qualified entity located within three
				(3) miles of the interchange as measured along the path from the interchange to
				the qualified entity starting from the intersecting centerlines of the freeway
				and crossroad at the interchange to the nearest edge of the business structure
				projected at a right angle to the roadway centerline. If the capacity of the
				existing individual service sign for a specific business is not fully utilized,
				a successive three (3) mile increment may be considered for that specific type
				business on a temporary basis until the space is requested by a qualified
				entity within the initial three (3) mile distance. The qualified entity
				occupying the space on a temporary basis will remain in place until the end of
				its annual participation agreement. Existing signs shall not be made larger or
				new signs installed to make room for qualified entities beyond the initial
				three (3) mile distance. The maximum distance allowed for each category from
				the interchange is equal to-
1. Gas, food, and
				lodging services -six (6) miles; and
2. Camping services or tourist attractions
				-fifteen (15) miles.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 18 - Contractor Disqualification for Misconduct › Section 7 CSR 10-18.030 - Notice of Proposed Disqualification

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment adds the duration of
				  time to the proposed disqualification notice the contractor would
				  receive.
(1) Written Notice
				of Department's Recommendation. Any contractor who is recommended by the
				department for disqualification shall be provided written notice of the
				proposed disqualification by the applicable division engineer or director after
				concurrence by the chief engineer.
(2) Notice of Proposed Disqualification. The
				notice of proposed disqualification shall be sent to the contractor by the
				division engineer or director who is proposing the disqualification. The notice
				of the proposed disqualification shall advise the contractor of the following:
(A) That disqualification is being
				proposed;
(B) The reasons for the
				proposed disqualification in terms sufficient to notify the contractor of the
				conduct or transaction(s) upon which it is based;
(C) The causes relied upon for proposing
				disqualification;
(D) The
				procedures governing disqualification;
(E) The potential effect of a
				disqualification by the commission;
(F) The contractor's right to appeal the
				recommendation to the review board;
(G) That disqualification is only for serious
				actions and is used only in the public interest and for the state's protection
				and not for purposes of punishment; and
(H) The proposed duration of the proposed
				disqualification.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 18 - Contractor Disqualification for Misconduct › Section 7 CSR 10-18.050 - Commission Action

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the commission's role in
				  determining whether a contractor is to be disqualified.
(1) Commission Action. The chief engineer
				shall present the proposed recommendations and findings regarding the
				disqualification of the contractor to the commission. The commission shall act
				on the proposed findings and recommendations as it deems appropriate under the
				circumstances, based on the record consisting of the written recommendations of
				the division engineer or director, the written findings and recommendations,
				and the written appeal of the contractor. No hearing shall be held by or for
				the commission on the findings and recommendations. The commission shall either
				affirm, reject, modify or remand the findings and recommendations.
*Original authority: 226.020, RSMo (1939); 226.130, RSMo
					 (1939), amended 1993, 1995; 226.150, RSMo (1939), amended 1977; 227.030, RSMo
					 (1939); 227.100, RSMo (1939), amended 1963, 1967, 1969; and 227.210, RSMo
					 (1939).
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 18 - Contractor Disqualification for Misconduct › Section 7 CSR 10-18.060 - Notice of Commission Determination to Disqualify Contractor

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth notification
				  requirements for disqualification (by the commission).
(1) Commission Notice. For decisions of the
				commission to impose disqualification on a contractor for misconduct, a written
				notice will be provided to the contractor. Notice will be given of the
				following:
(A) The reasons for
				disqualification;
(B) The period of
				disqualification, including effective dates;
(C) The inability to bid on or participate in
				any new commission contracts as a contractor or subcontractor; and
(D) That disqualification and termination are
				serious actions and are used only in the public interest and for the state's
				protection and not for purpose of punishment.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 18 - Contractor Disqualification for Misconduct › Section 7 CSR 10-18.070 - Period of Disqualification

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment clarifies that a
				  declaration to extend a disqualification period is appealable to the review
				  board.
(1) Period of
				Disqualification. The period of disqualification of the contractor generally
				should not exceed three (3) years. Where circumstances warrant, a longer period
				of disqualification may be imposed.
(2) Extension of Period of Disqualification.
				The chief engineer may extend an existing disqualification for an additional
				period if the chief engineer determines that an extension is necessary to
				protect the public interest. The chief engineer shall determine whether an
				extended period of disqualification is warranted based upon the recommendation
				forwarded to him/her by the appropriate division engineer or director. The
				contractor will be notified regarding the intent to extend the disqualification
				period and will be afforded the opportunity to appeal in writing to the review
				board. A disqualification may not be extended solely on the basis of the facts
				and circumstances upon which the initial disqualification action was based. The
				chief engineer's decision shall be final and conclusive of these issues,
				subject to judicial review pursuant to section
				536.150,
				RSMo.
(3) Reversal or Reduction of
				Disqualification. The contractor may request the chief engineer to reverse the
				disqualification decision or to reduce the period or scope of disqualification.
				Such a request shall be submitted in writing to the chief engineer and be
				supported by documentation. The chief engineer may grant such a request for
				reasons including, but not limited to, the following:
(A) Significant efforts on the part of the
				contractor to correct any previous cause for disqualification;
(B) Reinstatement from disbarment by the
				federal government or by any other state or political subdivision; or
(C) Any other substantive reason as
				determined by the department.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 18 - Contractor Disqualification for Misconduct › Section 7 CSR 10-18.080 - Effect of a Commission Determination that a Contractor is Disqualified

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states the effect of a
				  determination to disqualify with respect to bidding or participating in any new
				  commission contract and further establishes the commission's authority to grant
				  an exception.
(1) Effect of
				Disqualification. Any contractor that is disqualified may not bid on or
				participate in any commission contract awarded after the effective date of
				disqualification as a contractor, subcontractor or supplier during the period
				of disqualification. The disqualification shall not prohibit the contractor
				from concluding the work on the commission contracts it previously had obtained
				prior to the effective date of its disqualification or from participating as a
				subcontractor on any commission project if it had already been approved by the
				department to act prior to the effective date of its disqualification, unless
				the commission terminates any of these contracts for misconduct under the
				provisions of section 108.13 of the Missouri Standard Specification for Highway
				Construction.
(2) Effect of
				Disqualification of Related Persons. Each person, firm, or corporation which is
				an affiliate, principal, or a successor of a disqualified contractor shall be
				disqualified to the same extent and for the same time as that contractor,
				unless the chief engineer grants a specific exception for good cause shown. A
				request for an exception by the affiliate, principal, or successor must be made
				in the same manner as provided in this chapter for reinstatement of a
				contractor previously declared disqualified, but the request may be made at any
				time after the contractor is notified of the recommendation for its
				disqualification. The chief engineer may grant an exception if it finds that an
				affiliate or principal of the disqualified contractor did not conspire or
				participate in, and was not aware at the time of the acts which resulted in the
				disqualification.
*Original authority: 226.020, RSMo (1939); 226.130, RSMo
					 (1939), amended 1993, 1995; 226.150, RSMo (1939), amended 1977; 227.030, RSMo
					 (1939); 227.100, RSMo (1939), amended 1963, 1967, 1969; and 227.210, RSMo
					 (1939).
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 18 - Contractor Disqualification for Misconduct › Section 7 CSR 10-18.090 - Procedure for Reinstatement of a Contractor Previously Disqualified

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment clarifies the intent
				  of reinstatement.
(1)
				Reinstatement. After any period of disqualification of a contractor has
				elapsed, a disqualified contractor may submit to the chief engineer
				documentation supporting its request for reinstatement as responsible. The
				chief engineer shall review the documentation and may request further
				documentation as deemed necessary for possible reinstatement of the contractor,
				its affiliates, principals, and successors as responsible. The chief engineer
				shall decide if the contractor shall be reinstated or not reinstated, and the
				chief engineer's decision regarding the requested reinstatement shall be final,
				subject to judicial review pursuant to section
				536.150,
				RSMo.
(2) No Automatic
				Reinstatement. The disqualified contractor must apply for reinstatement with
				the chief engineer. Even though the contractor's period of disqualification has
				elapsed, the contractor cannot contract with the commission or department until
				the contractor has been formally reinstated by the department.
*Original authority: 226.020, RSMo (1939); 226.130, RSMo
					 (1939), amended 1993, 1995; 226.150, RSMo (1939), amended 1977; 227.030, RSMo
					 (1939); 227.100, RSMo (1939), amended 1963, 1967, 1969; and 227.210, RSMo
					 (1939).
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 18 - Contractor Disqualification for Misconduct › Section 7 CSR 10-18.100 - Effect of Reinstatement of a Contractor Previously Disqualified

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the effect of
				  reinstating a person, contractor, firm or corporation with regard to
				  contracting and subcontracting and with regard to the person's or contractor's
				  status and any subsequent action against the person, contractor, firm or
				  corporation.
(1) Effect of
				Reinstatement. When the chief engineer reinstates a contractor as responsible
				pursuant to this chapter, that contractor may then bid on or participate in any
				current or new contract or project as a contractor, subcontractor or supplier
				without any restrictions. Any contractor which was disqualified solely because
				of its status as an affiliate, principal or successor to the person, firm or
				corporation formerly disqualified shall also be reinstated as responsible
				automatically, unless the chief engineer specifically excepts a person or firm
				from reinstatement in its decision reinstating the contractor.
*Original authority: 226.020, RSMo (1939); 226.130, RSMo
					 (1939), amended 1993, 1995; 226.150, RSMo (1939), amended 1977; 227.030, RSMo
					 (1939); 227.100, RSMo (1939), amended 1963, 1967, 1969; and 227.210, RSMo
					 (1939).
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 18 - Contractor Disqualification for Misconduct › Section 7 CSR 10-17.110 - Addresses for Written Notification or Appeal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides information regarding
				  sending notice to the contractor and the commission.
(1) Written Notice to the Contractor. All
				writings and notices to a contractor, or its affiliate, principal, or
				successor, shall be sent to the last known address of that person, firm or
				corporation. Notice provided to the last known address of the contractor, or
				its affiliate, principal or successor by United States mail, postage prepaid,
				will constitute valid service of the notice.
(2) Written Notice to the Chief Engineer or
				Commission. All writings and correspondence to the Missouri Highways and
				Transportation Commission shall be addressed to: Secretary, Missouri Highways
				and Transportation Commission, 105 West Capitol Avenue, P.O. Box 270, Jefferson
				City, MO 65102-0270.
*Original authority: 226.020, RSMo (1939); 226.130, RSM0
					 (1939), amended 1993, 1995; 226.150, RSMo (1939), amended 1977; 227.030, RSMo
					 (1939); 227.100, RSMo (1939), amended 1963, 1967, 1969; and 227.210, RSMo
					 (1939).
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 18 - Contractor Disqualification for Misconduct › Section 7 CSR 10-18.120 - Commission Notification Regarding Contractors Who Have Been Disqualified

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for commission
				  notification of disqualified contractors to all interested
				  persons.
(1) Commission
				Notification of Disqualified Contractors. The commission will maintain a
				current listing of all contractors who have been disqualified by the
				commission. The commission will provide a copy of the current listing, at no
				cost, of all disqualified contractors to all interested persons upon request.
				Requests for this commission contractor disqualification listing shall be
				submitted in writing to the commission's chief engineer.
*Original authority: 226.020, RSMo (1939); 226.130, RSMo
					 (1939), amended 1993, 1995; 226.150, RSMo (1939), amended 1977; 227.030, RSMo
					 (1939); 227.100, RSMo (1939), amended 1963, 1967, 1969; and 227.210, RSMo
					 (1939).
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 19 - Contractor Drug Testing Program › Section 7 CSR 10-19.010 - General Program Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides drug testing program
				  requirements for contractors' employees working on highway projects within the
				  state of Missouri to ensure the safety of contractor and subcontractor
				  employees, Department of Transportation employees and the traveling public.
				  Federal law already requires contractors to provide drug testing for employees
				  possessing commercial drivers licenses; this rule extends the requirements to
				  include all employees working in safety-sensitive positions.
(1) Any prime contractor doing work on a
				highway project shall establish, implement and enforce, at its own cost, a drug
				testing program for its employees and shall ensure that a program is in place
				by its subcontractors for its employees who shall be working on the site of a
				state highway project.
(2) The drug
				testing program shall include post-accident testing, random testing, reasonable
				suspicion testing and return to duty testing and shall utilize collection,
				testing, analysis and reporting specifications which meet or exceed the
				provisions contained in 49 CFR part 40 and 49 CFR part 382.
(3) Attestation of compliance with this rule
				will be required in the initial bid contract furnished to the
				contractor.
(4) False certification
				of compliance with this rule will result in removal from the current project
				and could result in debarment from future highway projects.
*Original authority: 226.130, RSMo 1939, amended 1993, 1995
					 and 227.030, RSMo 1939.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 20 - Financial Assistance › Section 7 CSR 10-20.010 - State Transportation Assistance Revolving Fund

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment removes unnecessary
				  restrictive wording and clarifies the department and commission review and
				  approval process.
(1)
				Definitions.
(A) Commission. The Missouri
				Highways and Transportation Commission.
(B) Department. The Missouri Department of
				Transportation.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 21 - Transportation Corporations › Section 7 CSR 10-21.010 - Procedures for Authorizing Transportation Corporations to Enforce Collection of Tolls

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment eliminates redundant
				  provisions existing in state law and clarifies the application process for
				  transportation corporations to enforce tolls.
(1) Definitions.
(A) "Act" means the Missouri Transportation
				Corporation Act, sections
				238.300 to
				238.367,
				RSMo.
(B)
				"Commission" means the Missouri Highways and Transportation
				Commission.
(C) "Corporation" or "transportation corporation"
				means any transportation corporation organized under the Act.
(D)
				"Department" means the Department of Transportation of the state of Missouri.
(E) "Person" means any
				individual, firm, corporation, cooperative, association, trust, partnership,
				joint venture, or other legally recognized entity.
(F) "Project" includes
				any bridge, street, road, highway, access road, interchange, intersection,
				signing, signalization, parking lot, bus stop, station, garage, terminal,
				hangar, shelter, rest area, dock, wharf, lake or river port, airport, railroad,
				light rail, or other mass transit, and any similar or related improvement or
				infrastructure.
(G) "Toll" or "tolls" means charges prescribed by the
				corporation for the use of its property.
(H) "Toll collection regulations" means those rules
				and regulations of a corporation providing for and requiring the payment of
				tolls for the use of bridges under its jurisdiction or those rules and
				regulations of a corporation making it unlawful to refuse to pay or to evade or
				to attempt to evade the payment of all or part of any toll for the use of
				bridges under the jurisdiction of the corporation.
(I) "Violation" or
				"toll evasion" means one (1) or more act(s) not authorized by the Act and/or
				any rules or regulations promulgated as a result of the Act relating to the
				payment or failure to pay tolls.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 22 - Tourist Oriented Directional Signing Program › Section 7 CSR 10-22.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.020, RSMo 1939; 226.130, RSMo
					 1939, amended 1993, 1995; and 226.525, RSMo
					 1972.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 22 - Tourist Oriented Directional Signing Program › Section 7 CSR 10-22.020

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.020, RSMo 1939; 226.130, RSMo
					 1939, amended 1993, 1995; and 226.525, RSMo 1972, amended
					 1999.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 22 - Tourist Oriented Directional Signing Program › Section 7 CSR 10-22.030

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.020, RSMo 1939; 226.130, RSMo
					 1939, amended 1993, 1995; and 226.525, RSMo
					 1972.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 22 - Tourist Oriented Directional Signing Program › Section 7 CSR 10-22.040

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.020, RSMo 1939; 226.130, RSMo
					 1939, amended 1993, 1995; and 226.525, RSMo 1972, amended
					 1999.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 22 - Tourist Oriented Directional Signing Program › Section 7 CSR 10-22.050

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.020, RSMo 1939; 226.130, RSMo
					 1939, amended 1993, 1995; and 226.525, RSMo
					 1972.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 22 - Tourist Oriented Directional Signing Program › Section 7 CSR 10-22.060

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.020, RSMo 1939; 226.130, RSMo
					 1939, amended 1993, 1995; and 226.525, RSMo
					 1972.