reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.010 - Appointment of Arbitration Firm

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures to be followed by the attorney general in appointing a professional
				  arbitrator or arbitration firm.
(1) Any controversy or claim arising out of
				or relating to consumer rights or remedies under sections
				407.950 to
				407.970,
				RSMo shall, at the option of the consumer, be settled by arbitration.
(2) The attorney general shall appoint a
				professional arbitrator or arbitration firm to administer the program for a
				term not to exceed two (2) years ending on the thirty-first day of December of
				the final year of appointment. At the option of the attorney general, the term
				shall be renewable.
(3) The
				following criteria shall be considered in the selection of a professional
				arbitrator or arbitration firm: capability, objectivity, non-affiliation with
				an assistive device manufacturer, dealer or lessor, reliability, experience,
				financial stability, extent of geographic coverage, and fee
				structure.
(4) Each professional
				arbitrator or arbitration firm applying for appointment shall submit a fee
				schedule to the attorney general. Upon appointment by the attorney general, the
				arbitration firm shall adhere to its submitted fee schedule until the
				expiration of its appointed term.
*Original authority: 407.965, RSMo 1995 and 409.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.020 - Notice to Consumers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies the
				  notice which must be given by sellers of the assistive device to
				  consumers
.
(1) Each
				manufacturer who sells or leases an assistive device to a Missouri consumer,
				either directly or through an assistive device dealer, shall furnish the
				consumer contemporaneously with the express warranty required by section
				407.953,
				RSMo, a clear and conspicuous notice of the consumer's right to elect
				arbitration. This notice shall be in (10) ten point boldface type and shall
				include the following words or words of similar import and meaning:
"Pursuant to Missouri law, you have the right to have certain
				  disputes regarding the purchase of an Assistive device resolved through binding
				  arbitration. To obtain a request for arbitration form, contact the
				  manufacturer."
(2) The
				notice shall also include the name, address and telephone number of the person
				whom the consumer may contact to obtain a "Request for Arbitration"
				form.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.030 - Filing for Arbitration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures to be followed by the parties in arbitration.
(1) Each manufacturer who sells or leases an
				assistive device to a Missouri consumer, either directly or through an
				assistive device dealer, shall make available to the consumer, upon request a
				"Request for Arbitration" form.
(2)
				The "Request for Arbitration" form shall be in a format substantially similar
				to that set out in
				15 CSR
				60-11.160.
(3) To apply for arbitration under the
				program, a consumer shall obtain a "Request for Arbitration" form from the
				manufacturer, complete the form and submit it to the arbitration firm along
				with the prescribed filing fee.
(4)
				For claims made pursuant to sections
				407.950 to
				407.970,
				RSMo, the consumer shall indicate on the form his/her choice of remedy (i.e.,
				refund, repair or replacement with a comparable assistive device), in the event
				the arbitrator rules in favor of the consumer. If the consumer prevails, such
				choice shall be followed by the arbitrator unless the consumer advises the
				arbitrator, in writing, of a change in his/her choice of remedy prior to the
				arbitrator's rendering of a decision.
(5) On the day the arbitration firm receives
				the "Request for Arbitration" form together with the filing fee, the
				arbitration firm shall date stamp the form. Such date shall be considered the
				"filing date."
(6) Within five (5)
				business days of the filing date, the arbitration firm shall send the
				manufacturer's designee a copy of the consumer's completed form along with a
				notice that it may respond in writing.
(7) Within fifteen (15) days of the filing
				date, the manufacturer shall respond in triplicate to the arbitration firm, who
				shall promptly forward one (1) copy to the consumer. Failure by the
				manufacturer to respond shall be deemed to be an admission of all claims made
				by the consumer.
(8) The consumer
				may respond in writing to the manufacturer's submission within twenty-five (25)
				days of the filing date. Such response shall be sent in triplicate to the
				arbitration firm, who shall promptly forward a copy to the
				manufacturer.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.040 - Cost of Arbitration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures concerning the cost of arbitration.
(1) Each consumer who files a "Request for
				Arbitration" form shall pay a processing fee to the arbitration firm of fifty
				dollars ($50).
(2) All other costs
				of arbitration shall be paid to the arbitration firm by the
				manufacturer.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.050 - Assignment of Arbitrator

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures to be followed by the arbitration firm in selecting an
				  arbitrator.
(1) After the
				filing date, the arbitration firm shall assign an arbitrator to hear and decide
				the case. Notice of assignment shall be mailed to the arbitrator and the
				parties along with a copy of these regulations and sections
				407.950 to
				407.970,
				RSMo.
(2) The arbitrator assigned
				shall not have any bias, any financial or personal interest in the outcome of
				the hearing, or any current connection to the sale or manufacture of assistive
				devices.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.060 - Scheduling of Arbitration Hearings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures to be followed by the parties and the arbitrator.
(1) The arbitration shall be conducted as an
				oral hearing unless the consumer has requested, on the "Request for
				Arbitration" form, a hearing on documents only and both parties agree to a
				documents-only hearing; provided, however, that the parties may mutually agree
				in writing to change the mode of hearing. Upon such change, the parties shall
				notify the arbitrator who shall comply with the request.
(2) An oral hearing, unless waived by the
				parties, shall be scheduled to take place no later than forty (40) days from
				the filing date, unless a later date is agreed to by both parties. The
				arbitrator shall notify both parties of the date, time and place of the hearing
				at least ten (10) days prior to its scheduled date.
(3) Hearings shall be scheduled to
				accommodate, where possible, time-of-day needs of the consumer and the
				manufacturer, including evening and weekend hours.
(4) Hearings shall also be scheduled to
				accommodate geographic needs of the consumer. The hearing site shall be no more
				than one hundred (100) miles from the consumer's residence unless the consumer
				agrees, in writing, to a hearing at a location farther than one hundred (100)
				miles from his or her residence.
(5) A party may present its case by
				telephone, provided that notice, in writing, is given to the arbitrator and to
				the other party at least two (2) business days prior to the scheduled hearing
				date. In such cases, the arbitrator and both parties shall be
				included.
(6) Either party may make
				a request to adjourn and reschedule the hearing. Except in unusual
				circumstances, such request shall be made to the arbitrator, orally or in
				writing, at least two (2) business days prior to the hearing date. Upon a
				finding of good cause, the arbitrator may reschedule the hearing. In unusual
				circumstances, the arbitrator may reschedule the hearing at any time prior to
				its commencement.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.070 - Request for Additional Information or Documents

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures to be followed in conducting discovery.
(1) A party, by application in writing to the
				arbitrator, may request the arbitrator to direct the other party to produce any
				documents or information. The arbitrator shall, upon receiving such request, or
				on his or her own initiative, direct the production of documents or information
				which he or she believes will reasonably assist a party in presenting his or
				her case or assist the arbitrator in deciding the case. The arbitrator's
				direction for the production of documents and information shall allow a
				reasonable time for the gathering and production of such documents and
				information.
(2) All documents and
				information forwarded in compliance with the arbitrator's direction shall be
				legible and received by the arbitrator and other party no later than three (3)
				business days prior to the date of the hearing. Each party shall bear its own
				photocopying costs.
(3) Upon
				failure of a party to comply with the arbitrator's direction to produce
				documents and/or information, the arbitrator may draw a negative inference
				concerning any issue involving such documents or information.
(4) The term "documents" in this section
				shall include, but not be limited to, relevant manufacturer's service
				bulletins, dealer work orders, diagnoses, bills, and all communication relating
				to the consumer's claim.
(5) At the
				request of either party or on his or her own initiative, the arbitrator, when
				he or she believes it appropriate, may subpoena any witnesses to appear or
				documents to be presented at the hearing.
(6) Where a witness cannot be subpoenaed or
				is unable to attend the hearing, the arbitrator may, at the written request of
				either party or on his or her own initiative, permit a deposition to be taken,
				in a manner and upon terms designated by the arbitrator. Such deposition may be
				used as evidence and considered by the arbitrator in making his or her
				decision.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.080 - Representation by Counsel or Third Party

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures related to participation by a third party.
(1) Any party may be represented by counsel
				or assisted by any third party.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.090 - Hearing Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures to be followed at the arbitration hearing.
(1) The conduct of the hearing shall afford
				each party a full and reasonable opportunity to present his or her
				case.
(2) The arbitrator shall
				administer an oath or affirmation to each individual who testifies.
(3) Formal rules of evidence shall not apply;
				the parties may introduce any relevant evidence at the discretion of the
				arbitrator.
(4) The arbitrator may
				receive relevant evidence of witnesses by affidavit and such affidavits shall
				be given such weight as the arbitrator deems appropriate.
(5) The arbitrator shall have discretion to
				examine the consumer's assistive device. Both parties shall be afforded the
				opportunity to be present and accompany the arbitrator on any such
				examination.
(6) The consumer shall
				first present evidence in support of his or her claim, and the manufacturer
				shall then present its evidence. Each party may question the witnesses called
				by the other. The arbitrator may question any party or witness at any time
				during the hearing.
(7) The
				arbitrator may request additional evidence after closing the hearing. All such
				evidence shall be submitted to the arbitration firm for transmission to the
				arbitrator and the parties.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.100 - Accommodations for the Disabled

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures related to accommodations for the disabled.
(1) Any party may request reasonable
				accommodations at a hearing, including access and auxiliary aids and services,
				in accordance with the Americans With Disabilities Act (
				42 U.S.C.
				12101 et seq) and the regulations thereunder
				( 28 CFR part 35 ) as such Act and regulations may, from time-to-time, be
				amended.
(2) Such request shall be
				made to the arbitration firm at the time the consumer submits his or her
				"Request for Arbitration" form.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.110 - Hearing on Documents Only

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rulespecifies
				  procedures related to submission of the case on documents only.
(1) If the hearing is on documents only, all
				documents shall be submitted to the arbitrator no later than thirty-five (35)
				days from the filing date. The arbitrator shall render a decision within ten
				(10) business days based on all documents submitted.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.120 - Defaults

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures to be followed by the arbitrator in conducting the
				  hearing.
(1) Upon the failure
				of a party to appear at an oral hearing, the arbitrator shall nevertheless
				conduct the hearing and render a decision based on the evidence presented and
				documents contained in the file.
(2) If neither party appears at a scheduled
				oral hearing, the arbitrator shall dismiss the case without a decision and so
				notify the parties. The dismissal shall be without prejudice to future
				refiling.
(3) In a documents-only
				hearing, where the manufacturer fails to respond to the claim, the arbitrator
				shall render a decision based upon the documents contained in the
				file.
*Original authority: 407.965, RSMo 1995 and 407.970 RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.130 - Withdrawal or Settlement Prior to Decision

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures related to withdrawal of claims or settlement.
(1) A consumer may withdraw his or her
				request for arbitration at any time prior to decision. If the arbitration firm
				is notified by the consumer of his or her request to withdraw the claim within
				seven (7) business days of the filing date, the arbitration firm shall refund
				the filing fee.
(2) If the parties
				agree to a settlement more than seven (7) business days after the filing date
				but prior to the issuance of a decision, they shall notify the arbitrator in
				writing of the terms of the settlement. Upon the request of the parties, the
				arbitrator shall issue a decision reflecting the settlement.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.140 - Arbitrator's Decision

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures to be followed by the arbitrator in reaching the
				  decision.
(1) The arbitrator
				shall render a decision within ten (10) business days of the hearing date which
				shall be in writing and shall include findings of fact and conclusions of law.
				The decision shall be dated and signed by the arbitrator.
(2) In his or her decision, the arbitrator
				shall determine whether the consumer is entitled to relief pursuant to sections
				407.950 to
				407.970,
				RSMo. If the arbitrator finds that the consumer is so entitled, he or she shall
				award the specific remedies prescribed by the statute.
(3) The decision shall specify the monetary
				award, where applicable. A calculation of the amount, in accordance with
				sections
				407.950 to
				407.970,
				RSMo, shall be included in the decision. If the consumer prevails, the decision
				may also award the prescribed filing fee along with reasonable attorney fees,
				if applicable, and any equitable relief that the arbitrator deems
				appropriate.
(4) The decision
				shall, where applicable, require that any action required to be taken by the
				manufacturer be completed within thirty (30) days from the date the arbitrator
				notifies the manufacturer of the decision.
(5) The arbitrator shall, within five (5)
				days of rendering a decision, mail a copy of the final decision to both parties
				and the attorney general.
(6)
				Failure to mail the decision to the parties within the specified time period or
				failure to hold the hearing within the prescribed time shall not invalidate the
				decision.
(7) The arbitrator's
				decision is binding on both parties and is final. The decision shall include a
				statement to this effect.
(8) An
				award rendered by the arbitrator may be confirmed, vacated or modified in the
				manner set out in sections 435.400-435.440, RSMo.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.150 - Record Keeping

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies
				  procedures related to making a record .
(1) The arbitration firm shall keep all
				records pertaining to each arbitration for a period of at least two (2) years
				and shall make the records of a particular arbitration available for inspection
				upon written request by a party to that arbitration, and shall make records of
				all arbitrations available to the attorney general upon written
				request.
(2) At the expiration of
				the arbitration firm's appointment, if that appointment is not renewed, all
				records pertaining to arbitrations conducted pursuant to sections
				407.950 to
				407.970,
				RSMo shall be turned over to the attorney general.
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 11 - Rules for Assistive Devices › Section 15 CSR 60-11.160 - Sample "Request For Arbitration" Form

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers provisions
				  of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity,
				  sections
				  407.950 to
				  407.970,
				  RSMo. The attorney general is required to establish regulations controlling the
				  arbitration of disputes arising under these provisions. This rule specifies a
				  sample Request for Arbitration form.
Click to view
				  image
*Original authority: 407.965, RSMo 1995 and 407.970, RSMo
					 1995.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 13 - Missouri No-Call › Section 15 CSR 60-13.020 - Methods by Which Residential Subscribers May Give Notice of Objection to Receiving Telephone Solicitations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the methods and
				  mechanics of how residential subscribers may give the Attorney General notice
				  of their objection to receiving telephone solicitations so that the Attorney
				  General can establish Missouri's no-call database.
(1) A residential subscriber living or
				residing in Missouri, may give notice of his or her objection to receiving
				telephone solicitations, and thus, have his or her telephone number listed in
				Missouri's no-call database by doing any of the following:
(A) Completing a written form designed by the
				Attorney General's Office for the purpose of recording a residential
				subscriber's notice of objection to receiving telephone solicitations and
				submitting that completed form to the Attorney General's Office; or
(B) Calling a toll-free number established by
				the Attorney General's Office for the purpose of recording a residential
				subscriber's notice of objection to receiving telephone solicitations and
				properly responding to the voice prompts; or
(C) Accessing the appropriate Internet site
				established by the Attorney General's Office for the purpose of recording a
				residential subscriber's notice of objection to receiving telephone
				solicitations and inputting the proper data requested by the website
				prompts.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 13 - Missouri No-Call › Section 15 CSR 60-13.030 - Duration that a Residential Subscriber's Notice of Objection to Receiving Telephone Solicitations is Effective

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the duration that a
				  residential subscriber's notice of objection to receiving telephone
				  solicitations is effective.
A notice of objection to receiving telephone solicitations
				  shall remain in effect for two years from the date that telephone number first
				  appears in the no-call database. The notice of objection shall be automatically
				  renewed unless the residential subscriber to whom that telephone number is
				  assigned provides written notice to the Attorney General's Office that he or
				  she does not want the Attorney General to automatically renew the notice of
				  objection. To facilitate a conscious choice by consumers, the Attorney General
				  may send a notice letter explaining to the residential subscriber that his or
				  her notice of objection to receiving telephone solicitation is due to expire
				  and that it will be automatically renewed unless the residential subscriber
				  returns the notice letter form indicating his or her preference
				  otherwise.
*Original authority: 407.1101, RSMo
					 2000.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 13 - Missouri No-Call › Section 15 CSR 60-13.040 - Effect of a Change of Telephone Number on a Residential Subscriber's Notice of Objection to Receiving Telephone Solicitations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the effect of a change
				  of telephone number on a notice of objection to receiving telephone
				  solicitations filed by a residential subscriber.
If a residential subscriber whose telephone number is part of
				  the no-call database changes telephone numbers, he or she will have to submit a
				  new notice of objection to receiving telephone solicitations pursuant to
				  15
				  CSR 60-13.020, subject to the deadlines therein, and
				  provide the new telephone number to the Attorney General's
				  Office.
*Original authority: 407.1101, RSMo
					 2000.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 13 - Missouri No-Call › Section 15 CSR 60-13.050 - Method by Which a Residential Subscriber or a Certificated Local Exchange Carrier May Revoke Notice of Objection to Receiving Telephone Solicitations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the method by which
				  residential subscribers may revoke their notice of objection to receiving
				  telephone solicitations.
A residential subscriber may revoke notice of objection to
				  receiving telephone solicitations by completing a written form designed by the
				  Attorney General's Office for the purpose of revoking a residential
				  subscriber's notice of objection to receiving telephone solicitations and
				  submitting that completed form to the Attorney General's Office. A residential
				  subscriber may also revoke his or her notice of objection to receiving
				  telephone solicitations by accessing the appropriate Internet site established
				  by the Attorney General and inputting the proper data requested by the website
				  prompts. Upon receipt of such revocation notice, the Attorney General's Office
				  will remove the relevant telephone number from the no-call database according
				  to the same schedule used for adding telephone numbers to the no-call database.
				  In addition, the Attorney General's Office may remove a telephone number from
				  the no-call database if the Missouri certificated local exchange carrier
				  responsible for the assignment of the relevant telephone number indicates in
				  writing or, if available, by Internet, to the Attorney General's Office that
				  the residential subscriber who submitted the objection to receiving telephone
				  solicitations is no longer assigned that telephone number.
*Original authority: 407.1101, RSMo
					 2000.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 13 - Missouri No-Call › Section 15 CSR 60-13.070 - Other Matters Relating to the Database of Residential Subscribers' Notices of Objection to Receiving Telephone Solicitations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth other matters relating
				  to the database of residential subscribers' notice of objection to receiving
				  telephone solicitations.
(1)
				No person who obtains a copy of the no-call database may use that information
				for purposes other than compliance with sections
				407.1098
				and
				407.1101,
				RSMo 2000, as amended from time-to-time.
(2) The Attorney General's Office may use
				monies collected pursuant to
				15
				CSR 60-13.060 to carry out the functions set forth in
				sections
				407.1095 to 407.1113,
				RSMo 2000, as amended from time-to-time.
*Original authority: 407.1101, RSMo
					 2000.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 14 - Legal Expense Fund Coverage › Section 15 CSR 60-14.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms used in section
				  105.711,
				  RSMo, as amended by Senate Bill No. 1247, 92nd General Assembly
				  (2004).
(1) "Agency"-an
				agency of any federal, state, or local government.
(2) "Agency of any federal, state, or local
				government"-a governmental agency located in the state of Missouri, existing
				under and deriving its powers from the federal or state constitution or federal
				or state law.
(3) "Center"-a
				nonprofit community social services center.
(4) "Licensed attorney"-a member of The
				Missouri Bar, including a member exempt from the payment of bar dues pursuant
				to Supreme Court Rule 6.01(d)(1), (2) or (3), but not including an attorney in
				the reduced enrollment fee category of Supreme Court Rule 6.01(j)(3).
(5) "Nonprofit community social services
				center"-a nonprofit corporation, a benevolent corporation or an unincorporated
				association that provides legal services without charge to or on behalf of poor
				or indigent Missouri residents, that has applied for tax-exempt status under
				section 501(c)(3) of the
Internal Revenue Code
and has
				received a determination letter from the Internal Revenue Service recognizing
				the organization's tax-exempt status.
*Original authority: 105.711 , RSMo 1983, amended 1987,
					 1989, 1990, 1993, 1995, 1999, 2004.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 14 - Legal Expense Fund Coverage › Section 15 CSR 60-14.020 - Contract Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes contract procedures for
				  purposes of section
				  105.711,
				  RSMo, as amended by Senate Bill No. 1247, 92nd General Assembly
				  (2004).
(1) An attorney
				practices law at or through a nonprofit community social services center or
				through any agency of any federal, state, or local government if:
(A) The attorney provides to the center or
				agency in writing his or her name, address, place of employment, if any,
				daytime telephone number and Missouri Bar number;
(B) The attorney is assigned clients, cases
				or matters by the center under procedures adopted by the center or agency, not
				to include clients assigned by court order;
(C) The attorney has no preexisting attorney
				client relationship with any client under which a fee has been collected or
				contracted for;
(D) The attorney
				agrees in writing at the outset of any representation or consultation that no
				fee will be charged, sought or accepted for representation or consultation
				regardless of the outcome of the representation or consultation; and
(E) The attorney does not discriminate in
				providing legal services on the basis of race, sex, religion, national origin
				or ethnic background.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 14 - Legal Expense Fund Coverage › Section 15 CSR 60-14.030 - Documentation of Legal Practice

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes procedures for
				  documentation of legal practice for purposes of section
				  105.711,
				  RSMo, as amended by Senate Bill No. 1247, 92nd General Assembly
				  (2004).
(1) A nonprofit
				community social services center through which any attorney practices law
				without compensation shall provide a copy of its federal tax exemption letter
				or other verification of tax-exempt status under section 501(c)(3) of the
Internal Revenue Code
to the Attorney General.
(2) For each attorney who provides legal
				services without compensation at or through a nonprofit community social
				services center or through any agency of any federal, state, or local
				government, the center or agency shall annually during the month of June
				provide to the Attorney General:
(A) The
				attorney's name, address, and daytime telephone number;
(B) The attorney's Missouri Bar number or
				other evidence that the attorney is licensed to practice law in
				Missouri;
(C) An estimate of the
				number of hours per year of legal services provided without compensation by the
				attorney through the center or agency;
(D) A general description of the area of
				practice engaged in by the attorney.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 14 - Legal Expense Fund Coverage › Section 15 CSR 60-14.040 - Claims by the Boards of Police Commissioners of St. Louis and Kansas City

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes procedures for
				  requesting representation for purposes of section
				  105.726,
				  RSMo, as amended by Senate Bills 420 and 344, 93rd General Assembly
				  2005.
(1) All requests for
				representation pursuant to section 105.726.4, RSMo, must come from the Board of
				Police Commissioners of St. Louis or Kansas City, or their designees. The name
				and title of any designee must be provided by the Board to the Chief Counsel,
				Litigation Division, Attorney General's Office (AGO).
(2) All requests for representation must be
				made to:
(A) For lawsuits and non-automobile
				accident claims: Chief Counsel, Litigation Division, AGO, PO Box 899, Jefferson
				City, MO 65102; or fax (573) 751-9456 (with original to follow).
(B) For automobile accident claims: Office of
				Administration, Risk Management, PO Box 809, Jefferson City, MO 65102; or fax
				(573) 751-7819 (no original to follow).
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 15 - Unauthorized Alien Workers › Section 15 CSR 60-15.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms used in section
				  285.525, RSMo Supp.
				  2008.
(1) The terms used in
				Title 15, Division 60, Chapter 15 of the
Code of State
				Regulations
bear the same meaning in the rules pertaining to
				unauthorized alien workers as they do in section
				285.525, RSMo Supp.
				2008, as amended.
(2) The following
				definitions further clarify terms used in section
				285.525, RSMo Supp.
				2008, and Title 15, Division 60, Chapter 15 of the
Code of State
				Regulations
:
(A) "Business
				entity"-in addition to the definition as used in section
				285.525(1), RSMo
				Supp. 2008, business entities include limited liability companies
				(LLCs);
(B) "Contract or
				grant"-does not include a permit or license issued by any political
				subdivision, county, or municipality;
(C) "Contractor"-does not include a person,
				employer, or business entity providing bonding or insurance products to
				employees of the state, a political subdivision, county, or
				municipality;
(D) "Identity
				information"-includes a copy of the Form I-9 completed by the employer and
				employee including copies of documents presented by the employee establishing
				identity and employment eligibility or, alternatively, an E-Verify case
				verification number and a copy of any documents received from the Social
				Security Administration or U.S. Department of Homeland Security regarding the
				employment eligibility of the employee or employees;
(E) "State-administered or subsidized tax
				credit, tax abatement, or loan"-includes credits provided under section
				99.845.4-.12, RSMo 2000; and
(F)
				"Subcontractor"-does not include a business entity that merely supplies goods
				or materials to a contractor or subcontractor hired by the contractor to
				perform services to perform a contract with the state, a political subdivision,
				municipality, or county.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 15 - Unauthorized Alien Workers › Section 15 CSR 60-15.020 - Form of Affidavit

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the form of affidavit
				  to be submitted by business entities or employers who fall under the provisions
				  of section
				  285.530,
				  RSMo Supp. 2008.
(1) Any bid
				or response to a request for proposal (RFP) for the award of any contract for
				services or grant in excess of five thousand dollars ($5,000) by the state or
				by any political subdivision of the state to a business entity, or application
				by any business entity to receive a state-administered or subsidized tax
				credit, tax abatement, or loan from the state, shall be accompanied by an
				affidavit containing the following:
(A) A
				statement that the business entity has enrolled in, and is currently
				participating in, E-Verify, a federal work authorization program, or any other
				equivalent electronic verification of work authorization program operated by
				the United States Department of Homeland Security under the Immigration Reform
				and Control Act of 1986 (IRCA);
(B)
				A statement that the business entity does not knowingly employ any person who
				is an unauthorized alien in conjunction with the contracted services;
				and
(C) A notarized signature of
				the registered agent, legal representative of the business entity, or a
				corporate officer, including, but not limited to, the human resources director
				of the business entity or their equivalent.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 15 - Unauthorized Alien Workers › Section 15 CSR 60-15.030 - Complaints

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes procedures for filing
				  complaints that a business entity or employer has knowingly employed, hired for
				  employment, or continued to employ an unauthorized alien to perform work in
				  Missouri in violation of section
				  285.530,
				  RSMo Supp. 2008.
(1) State
				officials, business entities, or any state resident may file a complaint in
				writing and under oath with the Missouri Attorney General's Office that a
				business entity or employer has knowingly employed, hired for employment, or
				continued to employ an unauthorized alien to perform work in Missouri in
				violation of section
				285.530,
				RSMo Supp. 2008.
(2) Persons
				wishing to file a complaint may request a complaint form from the Missouri
				Attorney General's Office, PO Box 899, Jefferson City, MO 65102; or may
				download and print the form from the Missouri Attorney General's website at
www.ago.mo.gov
.
(3) The form must be completed in its
				entirety, and the person submitting a complaint must:
(A) Provide information about the business
				entity or employer alleged to be violating the statute;
(B) Provide their contact
				information;
(C) Verify that they
				are either: a Missouri resident, an official of the state, a political
				subdivision or municipality, or a registered agent, corporate officer, or legal
				representative of a business entity;
(D) A detailed description of the violation,
				including reasonably specific information about the alleged alien
				worker;
(E) A declaration under the
				penalty of perjury that the complaint is true and correct to the best of their
				knowledge and belief; and
(F) A
				notarized signature.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 15 - Unauthorized Alien Workers › Section 15 CSR 60-15.040 - Investigation of Complaints; Failure to Respond to Attorney General Request for Identity Information

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the process related to
				  investigating valid complaints authorized by section
				  285.535,
				  RSMo Supp. 2008.
(1) Upon the
				receipt of a valid complaint, the Missouri Attorney General's Office shall,
				within fifteen (15) days, request by certified mail that the business entity
				provide identity information regarding person(s) alleged to be unauthorized
				alien workers.
(2) The business
				entity shall provide the "identity information" within fifteen (15) days of the
				receipt of the request. If the business entity fails to do so, the attorney
				general shall direct any applicable state agency, political subdivision, and
				municipal or county governing body to suspend any licenses or permits of the
				business entity effective fifteen (15) days from the receipt of notice by the
				applicable state agency, political subdivision, county, or municipality from
				the attorney general unless the business entity submits to the attorney general
				evidence of one (1) of the following within that time:
(A) That the business entity has terminated
				the individual, or is attempting to terminate the individual and is being
				challenged in court or other administrative proceeding; or
(B) That the business entity, after acquiring
				additional information from the employee, has requested a secondary or
				additional verification by the federal government of the employee's
				authorization.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 15 - Unauthorized Alien Workers › Section 15 CSR 60-15.050 - Notification by Federal Government that Individual is Not Authorized to Work

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the process to be
				  utilized when the federal government notifies the Missouri Attorney General's
				  Office that an individual is not authorized to work and the duties required of
				  the employer by section
				  285.535,
				  RSMo Supp. 2008.
(1) Upon
				notification from the federal government to the Missouri Attorney General's
				Office that an individual is not authorized to work, and the employer
				participates in a federal work authorization program, the Missouri Attorney
				General's Office shall notify the employer to comply with section 285.535.6,
				RSMo Supp. 2008.
(A) The employer shall,
				through its legal representative as noted in subsection (1)(B) below, submit
				evidence of one (1) of the following within thirty (30) days:
1. The business entity has terminated the
				individual, or is attempting to terminate the individual and is being
				challenged in court or other administrative proceeding; or
2. The business entity, after acquiring
				additional information from the employee, has requested a secondary or
				additional verification by the federal government of the employee's
				authorization.