reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 100 - Notary Commissions › Section 15 CSR 30-100.060 - Hearings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the location for
				  posting the public notice of a hearing, adds a requirement of audio recording
				  of the hearing, clarifies what must be recited into the record in an audio
				  taped hearing, allows for hearing by telephone, and sets forth how a telephone
				  hearing is requested and conducted, with responsibilities for parties or
				  witnesses participating by telephone.
(1) A revocation or suspension hearing will
				be conducted in the following manner:
(A) All
				hearings will be open to the public. All parties have a right to be present and
				to be represented by counsel, if they so desire. Notice of the hearing will be
				posted prominently in the Office of the Secretary of State, Commissions
				Division, 600 W. Main Street, Jefferson City, MO 65101;
(B) All hearings will be audio recorded. Upon
				request, and at the expense of a party to the proceeding making the request,
				the secretary of state's office will cause the hearing to be transcribed by a
				court reporter present for the hearing. Any other party may obtain a copy of
				the transcript upon the payment of the costs of preparation;
(C) If the hearing is not transcribed, the
				audio record will contain-
1. A listing of
				all materials filed in connection with the hearing;
2. A listing of all documents and exhibits
				submitted as evidence;
3. All
				matters officially noticed; and
4.
				All offers of proof, objections, and rulings;
(D) Evidence shall be received in the
				following manner:
1. Oral evidence shall be
				taken only on oath or affirmation;
2. Each party shall have the right to call
				and examine witnesses, to introduce exhibits, to cross-examine opposing
				witnesses on any matter relevant to the issues even though that matter was not
				subject to the direct examination, to impeach any witness regardless of which
				party first called him/her to testify, and to rebut the evidence against
				him/her; and
3. Copies of writings,
				documents and records shall be admissible without proof that the originals
				thereof cannot be produced if it appears by testimony or otherwise that the
				copy offered is a true copy of the original; and
(E) The order in which evidence will be
				presented is as follows:
1. The secretary of
				state's representative shall present evidence first;
2. The notary shall then have the opportunity
				to present his/her evidence in the same manner;
3. Each party has the right to rebut the
				evidence presented; and
4. Closing
				statements may be made by each party in the order evidence was presented;
				and
(F) The burden of
				proof will be on the secretary of state's representative, and the standard of
				proof shall be a preponderance of the evidence.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 100 - Notary Commissions › Section 15 CSR 30-100.070 - Surrender of Commission

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes words to make this
				  section consistent with other sections, and adds to the statutory authority for
				  the regulation.
(1) A notary
				may surrender his/her commission at any time after receiving notice of
				revocation and prior to adjudication. This surrender shall be executed in
				writing and need not admit or deny the allegations in the notice of revocation,
				but shall state that the notary voluntarily agrees to surrender his/her
				commission and will not seek to obtain another commission for a period of three
				(3) years.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 100 - Notary Commissions › Section 15 CSR 30-100.080 - Appeal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the term "final
				  adjudication" to reflect what will be included in the decision and clarifies
				  that judicial review is under Chapter 536 generally.
(1) A notary who has received findings of
				fact, conclusions of law, and decision from the secretary of state's office
				(final adjudication) revoking his/her commission may seek judicial review as
				provided in Chapter 536.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 110 - Electronic Notarization › Section 15 CSR 30-110.030 - Remote Online Notarization (RON) Approval

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides the process that vendors
				  must go through to have their software approved for use by electronic notaries
				  in Missouri.
(1) Vendors
				wishing to have their software approved for use by electronic notaries in
				Missouri must make an application to do so to the Commission Unit. The
				information on the application must include:
(A) Name of the vendor's company;
(B) Name of the software to be
				used;
(C) Name of contact to
				perform demonstration of software;
(D) Contact information for customer
				inquiries; and
(E) List of other
				states the software is approved in.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 110 - Electronic Notarization › Section 15 CSR 30-110.040 - Remote Online Notarization (RON) Criteria

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states the criteria that remote
				  online notary (RON) must meet for use by electronic notaries in
				  Missouri.
(1) Remote online
				notary (RON) must meet the following RON Credential Analysis and Authentication
				to be approved for use in Missouri:
(A) The
				software must allow for at least two (2) types of the following authentications
				as described in section
				110.050,
				RSMo:
1. Credential Analysis of Government
				Issued Identification;
2. Dynamic
				Knowledge-Based Authentication; and
3. Biometrics;
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 110 - Electronic Notarization › Section 15 CSR 30-110.050 - Remote Online Notarization (RON) Credentials

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: this rule sets out the credentials that
				  remote online notary (RON) must meet for use by electronic notaries in
				  Missouri.
(1) Remote Online
				Notarization (RON) providers must use automated software processes to aid the
				notary in verifying each principal's identity.
(2) The credential must pass an authenticity
				test, consistent with sound commercial practices that-
(A) Uses appropriate technology to confirm
				the integrity of visual, physical, or cryptographic security
				features;
(B) Uses appropriate
				technology to confirm that the credential is not fraudulent or inappropriately
				modified;
(C) Uses information held
				or published by the issuing source or authenticity source(s), as available, to
				confirm the validity of credential details; and
(D) Provides the output of the authenticity
				to the notary.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 110 - Electronic Notarization › Section 15 CSR 30-110.060 - Audio and Video Quality

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets out the requirements for
				  audio/video quality used by electronic notaries in Missouri.
(1) A reliable Remote Online Notarization
				(RON) operating model should consist of continuous, synchronous audio and video
				feeds with good clarity such that all participants can be clearly seen and
				understood at all times during the notarial act.
(2) Inherent in online audio/video technology
				is the presence of temporary surges or spikes in quantitative measures like
				bitrate and/or frequency of communications and no simple technical limits are
				practical or prudent. Rather, a sounder approach to ensuring reliable real-time
				communications is to rely on the judgment of the notary to determine the
				adequacy of the communications and provide direction to terminate the session
				if those conditions are not met.
(3) The audio/video recording must include
				the person-to-person interaction required as part of the Notarial Act as
				defined by the state, must be logically associated to the electronic Audit
				Trail, and must be capable of being viewed and heard using broadly available
				audio/video players.
(4) Video
				capture of documents or credentials that contain non-public personal
				information during the RON is not required as part of these
				standards.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 110 - Electronic Notarization › Section 15 CSR 30-110.070 - Storage and Retention of Notarial Records

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets out the requirements for
				  storage and retention of notarial records used by electronic notaries in
				  Missouri.
(1) Remote Online
				Notarization (RON) systems.
(A) RON must-
1. Facilitate the process of collecting the
				required notarial records;
2.
				Provide a method by which a notary can access and/or export the notarial
				records; and
3. Provide automated
				backup of the notarial records and audio/video recording to ensure
				redundancy.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 110 - Electronic Notarization › Section 15 CSR 30-110.080 - Audit Trail

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states the requirements for the
				  remote online notarization (RON) audit trail for use by electronic notaries in
				  Missouri.
(1) Significant
				actions completed as part of a RON signing session should be recorded in an
				audit trail. Each entry in this audit trail should clearly indicate the action
				performed (e.g. addition of an electronic signature), the date/time of its
				performance (e.g., Coordinated Universal Time, 2018-08-21 01:14:22 UTC), the
				name of the party performing the action (e.g. John Doe), and the IP address of
				the party performing the action.
(2) Each document completed as part of a RON
				should be electronically signed and rendered Tamper-Evident.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 120 - Family Trust Company › Section 15 CSR 30-120.020 - Application to Register as a Family Trust Company

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the forms adopted and
				  approved for filing with the secretary.
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
				  and 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 not applies only to the reference material. The entire text
				  of the rule is printed here.
(1) A family trust company seeking to
				register under section
				362.1030, RSMo, must pay a
				nonrefundable five thousand dollar ($5,000) filing fee for deposit into the
				Family Trust Company Fund accompanied by a completed registration application
				on Form FTC- 01, "Application to Register as a Family Trust Company," revised
				12/2017, which is incorporated by reference in this rule and published by the
				secretary, 600 W. Main Street, PO Box 1276, Jefferson City, MO 65102, and
				available at https://www.sos.mo.gov. This rule does not incorporate any
				subsequent amendments or additions.
(2) The application must contain all
				information required by the form and the following exhibits:
(A) Exhibit A Family Members;
(B) Exhibit B Organizational
				Instrument;
(C) Exhibit C Bylaws or
				Operating Agreement;
(D) Exhibit D
				Statement Regarding Maintenance of Company and Fiduciary Records; and
(E) Exhibit E List of Proposed Stockholders
				or Members.
(F) Exhibit F Statement
				Regarding Maintenance of Corporate and Fiduciary Records; and
(G) Exhibit G List of All Stockholders or
				Members.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 120 - Family Trust Company › Section 15 CSR 30-120.030 - Application to Register as a Foreign Family Trust Company

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the forms adopted and
				  approved for filing application to register as a foreign family trust company
				  with the secretary.
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
				  and 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 not applies only to the reference material. The entire text
				  of the rule is printed here.
(1) An applicant seeking to operate in this
				state as a foreign family trust company under section 362.1030.4, RSMo, must
				pay a nonrefundable five thousand dollar ($5,000) filing fee for deposit into
				the Family Trust Company Fund accompanied by a completed registration
				application on Form FTC-02, "Application to Register as a Foreign Family Trust
				Company," revised 12/2017, which is incorporated by reference in this rule and
				published by the secretary, 600 W. Main Street , PO Box 1276 , Jefferson City,
				MO 65102, and available at https://www.sos.mo.gov. This rule does not
				incorporate any subsequent amendments or additions.
(2) The application must contain all
				information required by the form and Exhibit A.
(3) The application must be signed under
				penalty of perjury by the applicant's authorized representative.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 120 - Family Trust Company › Section 15 CSR 30-120.040 - Annual Registration Report

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the forms adopted and
				  approved for filing with the secretary.
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
				  and 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 not applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Within sixty (60) days after the end of
				each calendar year, annual registration reports for family trust companies and
				foreign family trust companies must be filed with the secretary on Form FTC-03,
				"Annual Registration Report," revised 12/2017, which is incorporated by
				reference in this rule and published by the secretary, 600 W. Main Street, PO
				Box 1276, Jefferson City, MO 65102, and available at https://www.sos.mo.gov.
				This rule does not incorporate any sub- sequent amendments or
				additions.
(2) The annual
				registration report must be accompanied by a nonrefundable annual filing fee in
				the amount of one thousand dollars ($1,000) for a family trust company and one
				thousand dollars $1,000 for a foreign family trust company.
(3) Each annual registration report must be
				signed under penalty of perjury by the applicant's authorized
				representative.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 120 - Family Trust Company › Section 15 CSR 30-120.050 - Records

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the records required to
				  be kept by a family trust company and foreign family trust
				  company.
(1) Each family
				trust company shall maintain a principal office physically located in this
				state where original or true copies of all records and accounts of the family
				trust company may be accessed and made readily available for examination or
				inspection by the secretary.
(2)
				The records and accounts maintained shall be retained for at least ten (10)
				years and shall include the following;
(A)
				Account information and statements relating to the minimum capital account
				requirements of section 362.1035.1, RSMo;
(B) Account information and statements
				relating to any company investments not included under subsection (2)(A),
				above;
(C) All records and
				accounting related to the trust company's service in a fiduciary capacity,
				segregated as required under section
				362.1050,
				RSMo
(D) General ledgers;
(E) Balance sheet and income
				statements;
(F) Operating
				accounts;
(G) The results of and
				all information pertaining to any examinations prepared under section
				362.1085,
				RSMo;
(H) Records of real and
				personal property owned or leased by the family trust company;
(I) All applicable state and local business
				licenses, charters, or permits;
(J)
				The names and residence addresses of all stockholders or members of the trust
				company and the number of shares of stock or membership units held by each, as
				well as the ownership percentage of each stockholder or member;
(K) The organizational instrument (articles
				of organization or articles of incorporation pursuant to section
				362.1040, RSMo), including all
				amendments and restatements
(L) The
				bylaws or operating agreement, including all amendments;
(M) Organizational chart or charts;
(N) A current list of all family members
				which states how each family member qualifies as a family member as defined in
				section 362.1015, RSMo;
(O) All personnel records;
(P) A list identifying all
				affiliates;
(Q) Copies of all
				registration and annual registration reports and exhibits submitted to the
				secretary;
(R) The addresses of any
				branch offices; and
(S) All other
				books of account and other records that relate to the company's operations in
				the form in which they are ordinarily maintained in the course of the company's
				business.
(T) The addresses of any
				branch offices; and
(U) All other
				books of account and other records that relate to the company's operations in
				the form in which they are ordinarily maintained in the course of the company's
				business.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 120 - Family Trust Company › Section 15 CSR 30-120.060 - Examination

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the examination process
				  under the Missouri Family Trust Company Act.
(1) Examinations of family trust companies
				and foreign family trust companies will be conducted under section
				362.1085,
				RSMo.
(2) Subsequent to any
				examination of a family trust company by the secretary, the secretary shall
				provide the family trust company with written findings, recommendations,
				comments, and conclusions resulting from such examination.
(3) The secretary will provide a written
				notice to the family trust company or foreign family trust company stating the
				costs due as a result of an examination conducted in accordance with section
				362.1085.4, RSMo. The company must remit payment for the cost of the
				examination within thirty (30) days after the receipt of notice stating that
				such costs are due.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 120 - Family Trust Company › Section 15 CSR 30-120.070 - Application Process and Forms

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the application process
				  under the Missouri Family Trust Company Act.
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) Application forms for all initial
				registration and annual registration reports covered by these rules are
				available on the Office of Secretary of State's website at
				http://www.sos.mo.gov. Forms may also be obtained at no cost by request to the
				Secretary of State, Securities Division, 600 W. Main Street, PO Box 1276,
				Jefferson City, MO 65102.
(2)
				Completed forms shall be submitted for filing to the Secretary of State,
				Securities Division, 600 W. Main Street, PO Box 1276, Jefferson City, MO
				65102.
(3) Request for Additional
				Information. All information the applicant desires to present to support the
				application should be submitted with the original filing. The required exhibits
				in the application forms are not intended to limit the applicant's presentation
				of any of the requirements, but merely represent the minimum information to be
				filed. Additional information shall be submitted within sixty (60) days after a
				request has been made by the secretary. Any such request for additional
				information will be made by the secretary within thirty (30) days after receipt
				of the application and the full amount of the prescribed fee for the
				registration sought. Failure to respond to such request within sixty (60) days
				after the date of the request may be construed by the secretary as grounds for
				denial of an application. No application shall be considered to be complete
				until all requested information has been submitted to the secretary.
(4) Burden of Proof. It is the applicant's
				responsibility to prove that the statutory and regulatory requirements
				warranting granting of the authority requested by the applicant are
				met.
(5) Withdrawal of Application.
				The applicant may request withdrawal of an application at any time by filing a
				written notice of withdrawal signed by the applicant's authorized
				representative.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 130 - Professional Employer Organization Act › Section 15 CSR 30-130.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule facilitates the administration of
				  the Professional Employer Act in accordance with sections 285.700- 285.750,
				  RSMo. This rule provides definitions of terms in addition to those found in
				  section 285.705, RSMo for the
				  administration of the Act.
(1) "Assurance Organization" means an
				independent and qualified entity approved by the secretary of state to certify
				the qualifications of a PEO for registration pursuant to the alternative
				registration pro- visions and procedures of the Act, these PEO rules and the
				standards and procedures of the assurance organization.
(2) "Business experience" (as used in the
				application and renewal forms) shall mean a narrative detailed description of
				business-related achievements, credentials, and experience of an individual.
				Alternatively, a resume may be used in lieu of a narrative description if it
				contains, at a minimum, the following information: current con- tact
				information, relevant degree(s)/certification(s), and a five- (5-) year work
				history.
(3) "PEO" as used in this
				rule shall mean a professional employer organization including a PEO Group, a
				controlling person of a PEO, or a person offering PEO services.
(4) "Secretary" shall mean the secretary of
				state or his designee.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 130 - Professional Employer Organization Act › Section 15 CSR 30-130.020 - Applications, Interim Operating Permits, and Forms

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides instructions for full,
				  limited, or group applications along with renewals. It also provides
				  instructions for obtaining an interim operating permit pursuant to section
				  285.715, RSMo.
(1) Every application shall conform to the
				requirements within section
				285.715, RSMo including evidence
				of business experience and an audited financial statement. The audited
				financial statement may not express any ongoing concerns.
(2) A professional employer organization
				(PEO) not registered in Missouri, must decline to provide services or notify
				the secretary within five (5) business days of obtaining knowledge that an
				existing client not based in Missouri has employees or operations in Missouri.
(A) If the PEO does not decline to provide
				services to the existing client, the PEO must immediately file a limited
				registration application if the client has less than fifty (50) employees based
				in Missouri.
(B) The PEO may
				request an interim operating permit until such application is approved. The
				secretary may issue an interim operating permit if-
1. The PEO is currently registered or
				licensed by another state;
2. The
				PEO makes the request for an interim operating permit in writing indicating in
				what other states it is licensed or registered;
3. The secretary determines it is in the best
				interest of the potential covered employees to grant an interim operating
				permit; and
4. The PEO has filed a
				limited registration application.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 130 - Professional Employer Organization Act › Section 15 CSR 30-130.030 - Fees

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides the fee structure for
				  professional employer organization (PEO) applications and
				  renewal.
(1) The following
				fees for a PEO shall apply:
(A) Full
				Application - $500.00;
(B) Full
				Renewal - $250.00;
(C) Limited
				Application - $250.00;
(D) Limited
				Renewal - $250.00;
(E) Group
				Application - $500.00, plus $250.00 for each entity in the PEO Group;
(F) Group Renewal - $250.00, plus $125.00 for
				each entity in the PEO Group.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 130 - Professional Employer Organization Act › Section 15 CSR 30-130.040 - Approval of Assurance Organizations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule addresses how an assurance
				  organization may be approved to submit applications and renewals on behalf of
				  their members.
(1) An
				applicant or registered professional employer organization (PEO) may enter into
				an agreement with an assurance organization approved by the secretary to act on
				its behalf in accomplishing the provisions of the Professional Employer
				Organization Act or these rules.
(2) The approval of an assurance organization
				by the secretary, to act on behalf of an applicant or registered PEO, does not
				relieve the applicant or registered PEO from the ultimate responsibility to
				comply with its obligations pursuant to the Act or these rules.
(3) An assurance organization desiring to
				become approved by the secretary shall submit to the secretary-
(A) A letter requesting approval;
(B) Evidence that the assurance organization
				is qualified to perform the functions on behalf of the applicant or registered
				PEO; and
(C) An explanation of how
				the assurance organization will certify each of the criteria and obligations
				required of the applicant or registered PEO by the Act or rule.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 130 - Professional Employer Organization Act › Section 15 CSR 30-130.050 - Use of Assurance Organization by Applicant

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the process for an
				  applicant to use a secretary-approved assurance organization.
(1) The secretary shall accept an approved
				assurance organization's written certification as evidence that an applicant
				has met, and continues to meet, the criteria and obligations set forth in the
				Act and rules. The secretary retains the right to independently verify any
				information or certification provided by the assurance organization, including
				the ability to verify information contained in the assurance organization's
				regulatory portal that applicant has authorized assurance organization to share
				with the secretary.
(2) For an
				applicant using an assurance organization, satisfactory assurance of compliance
				and the secretary's continuous electronic access to information regarding
				applicant will satisfy the application requirements of section
				285.715, RSMo. Additionally,
				renewal requirements under section
				285.715, RSMo, will be waived
				provided that the appropriate renewal fee is paid prior to the due
				date.
(3) An approved assurance
				organization shall notify the secretary in writing no later than ten (10) days
				after it has made a determination that an applicant or registered professional
				employer organization (PEO) it represents is-
(A) Not in compliance with its obligations
				under the Act;
(B) In violation of
				assurance organization's standards; or
(C) No longer accredited by assurance
				organization.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 130 - Professional Employer Organization Act › Section 15 CSR 30-130.060 - Proof of Positive Working Capital, Bonds, and Letters

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes positive working
				  capital, as well as, the posting of bonds and letters of
				  credit.
(1) An applicant or
				registered professional employer organization (PEO) must demonstrate positive
				working capital. This must be demonstrated in the financial audit that-
(A) Was prepared in accordance with generally
				accepted accounting principles;
(B)
				Was audited by an independent certified public accountant without qualification
				as to the ongoing concern status of the applicant or registered PEO;
(C) Reflects positive working capital;
				and
(D) Is based on adequate
				reserves for taxes, insurance, and incurred claims that are not paid.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 130 - Professional Employer Organization Act › Section 15 CSR 30-130.070 - Disciplinary Actions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the disciplinary action
				  the secretary may take pursuant to section
				  285.750, RSMo, and the notice
				  provided to initiate a disciplinary action.
(1) Upon a decision to take disciplinary
				action for violation of section
				285.750, RSMo, the secretary
				shall mail such professional employer organization (PEO) written notice, by
				certified mail, at the address on file with the secretary.
(2) The secretary shall notify a PEO, in
				writing, by certified mail that the secretary intends to take disciplinary
				action. The notice shall contain the following information:
(A) The PEO's name and address;
(B) The specific allegations for the
				disciplinary action; and
(C)
				Instructions for requesting a hearing.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 130 - Professional Employer Organization Act › Section 15 CSR 30-130.080 - Request for Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes how a professional
				  employer organization (PEO) may request a hearing for any disciplinary action
				  the secretary intends to take.
(1) When a PEO receives a notice of
				disciplinary action from the secretary, the PEO may request a hearing. A
				request for hearing must be received by the secretary no later than thirty (30)
				calendar days after the PEO receives the notice of discipline. Failure to file
				a request for hearing within thirty (30) calendar days of receipt of said
				notice shall constitute waiver of a hearing.
(2) If a PEO does not request a hearing, or
				fails to request a hearing within thirty (30) calendar days, as outlined in
				section (1) above, the secretary shall still make findings pursuant to section
				285.750.3, RSMo.
(3) A request for
				hearing must be signed by the PEO or its attorney. It must also contain the
				name, mailing address, and telephone number of the PEO (or the name, address,
				and telephone number of the PEO's attorney). The request for hearing must be
				mailed to the Office of the Secretary of State, PEO Registration, PO Box 1767,
				Jefferson City, MO 65102.
(4) A PEO
				may request that a hearing be conducted by telephone. If so, the PEO must
				include that information in its request for hearing and provide a good
				telephone number that the PEO will use during the hearing. The PEO is
				responsible for a good connection if it requests a telephone hearing, and the
				secretary is not responsible for any disruption caused by a poor cell phone
				signal. If a party or witness leaves the phone for any reason, or the
				connection is disconnected, all such action shall be considered voluntary, and
				the hearing shall proceed without such party or witness.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 130 - Professional Employer Organization Act › Section 15 CSR 30-130.090 - Hearings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the nature and process
				  of disciplinary hearings conducted by the secretary.
(1) All disciplinary hearings shall be
				governed by the administrative hearing process found in Chapter 536,
				RSMo.
(2) No disciplinary hearing
				will be held less than thirty (30) days after the secretary receives a written
				request for a hearing.
(3) Notice
				of hearing will be provided to the professional employer organization (PEO) by
				certified mail and shall include the date, time, and place of the
				hearing.
(4) Hearings will be open
				to the public and notice of the hearing shall be posted pursuant to Chapter
				610, RSMo.
(5) All hearings will be
				audio recorded unless the PEO requests the hearing be transcribed by a court
				reporter. If a PEO requests a court reporter, the PEO is responsible for the
				cost of the court reporter and all copies of the transcripts.
(6) Oral evidence shall be taken on oath or
				affirmation. Each party shall have the right to call and examine witnesses,
				introduce exhibits, and cross-examine witnesses on any relevant issue related
				to the disciplinary action.
(7)
				Each party shall provide copies of all exhibits it intends to use at the
				hearing to the other party and the secretary no later than five (5) working
				days prior to the hearing.
(8) A
				list of all documents and exhibits submitted at the hearing shall become part
				of the record and officially noted in the transcript/recording.
(9) Copies of writings, documents, and
				records shall be admissible without proof that the originals thereof cannot be
				produced if it appears by testimony or otherwise that the copy offered is a
				true copy of the original.
(10) The
				secretary or his/her representative shall present evidence first. The PEO shall
				then have the opportunity to present its evidence in the same manner. Each
				party has the right to rebut the evidence presented and present closing
				statements.
(11) The secretary
				shall issue written findings of facts and conclusions of law. Such findings
				shall include the violations found and the disciplinary action to be taken as
				authorized under section
				285.750, RSMo. Such findings
				shall be a final adjudication of the matter.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 130 - Professional Employer Organization Act › Section 15 CSR 30-130.100 - Appeals

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes how a professional
				  employer organization (PEO) may appeal the secretary's findings that
				  disciplinary action should be taken against it.
(1) A PEO who receives findings of fact and
				conclusions of law as provided in 15 CSR 30-130.090 upholding any disciplinary
				action may seek judicial review as provided for in Chapter 536, RSMo.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 200 - State Library › Section 15 CSR 30-200.015 - Library Certification Requirement for the Protection of Minors

Current through Register Vol. 49, No. 14, July 15, 2024
(1) Notwithstanding
				any provision of 15 CSR 30-200.020 and
				15 CSR
				30-200.025 to the contrary, the state librarian shall
				not distribute any funds to any library defined in
				15 CSR
				30-200.010 that receives funds pursuant to
				15 CSR
				30-200.020 and
				15 CSR
				30-200.025 unless such library certifies in writing
				each of the following:
(A) The library has or
				will adopt a written, publicly accessible collection development policy
				addressing how selections are made in considering the appropriateness by age of
				any minor, as defined in
				15 CSR
				30-200.030;
(B) No funds received shall be used to
				purchase or acquire material that constitutes "child pornography," is
				"pornographic for minors," or is "obscene," as those terms are defined in
				section 573.010, RSMo;
(C) The library has or will adopt a written,
				publicly accessible policy allowing a minor's parent or guardian to determine
				what materials and access will be available to that minor, and no person
				employed by or acting on behalf of the library shall knowingly grant access to
				a minor to any material in any form not approved by that minor's parent or
				guardian;
(D) No age-inappropriate
				materials in any form, as defined in the library's collection development
				policy, shall be knowingly displayed in the library in areas designated by the
				library as containing materials predominantly for minors;
(E) No event or presentation shall be held at
				the library without an age-appropriate designation affixed to any publication,
				website, or advertisement for such event or presentation; and
(F) The library has or will adopt a written,
				publicly accessible library materials challenge policy by which any parent or
				guardian of a minor within the library district may dispute or challenge the
				library's age-appropriate designation affixed to any presentation, event,
				material, or display in the library, and the results of any such dispute or
				challenge shall be disclosed to the public and published on the library's
				website.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 200 - State Library › Section 15 CSR 30-200.020 - Application and Payment Procedures for Appropriations or Grants

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes eligibility
				  requirements and procedures for the administration of state and other types of
				  grants-in-aid appropriated to the state library for the improvement of library
				  services, including state aid for public libraries. These funds are
				  administered by the state librarian under the direction of the secretary of
				  state.
PURPOSE: This rule is being amended to update its
				  language and content.
(1) The
				state librarian will administer and distribute moneys appropriated by the
				general assembly for state grants-in-aid, including state aid for public
				libraries, in accordance with the provisions set forth herein and applicable
				state laws.
(2) Each of the
				following requirements must be met for participation in state grants-in-aid:
(A) A public library must be legally
				established according to the provisions of Chapter 182, RSMo, or other laws of
				the state related to libraries;
(B)
				A public library must receive from tax funds an amount equal to ten cents per
				one hundred dollars (10[CENT]:$100) assessed valuation authorized in accordance
				with the applicable provisions within Chapter 182 or section
				137.030,
				RSMo. A city library which is not supported by a library tax must receive an
				appropriation from the city of an amount equal to ten cents per one hundred
				dollars (10[CENT]:$100) assessed valuation. The requisite funds must be
				assessed and levied, or in the case of a city library not supported by a
				library tax, otherwise expended, for the fiscal year preceding that in which
				the grant is made. No grant shall be affected because of a reduction in the
				rate of levy which is required by the provisions of section
				137.073,
				RSMo, or because of a voluntary reduction in the levy following the enactment
				of a district sales tax under section
				182.802,
				RSMo, if the proceeds from the sales tax equal or exceed the reduction in
				revenue from the levy;
(C) The rate
				of tax levy or appropriation for the public library must be maintained at the
				rate in force on December 31, 1946, or on the date of its establishment;
				and
(D) Additional eligibility
				requirements and local funding matches appropriate to the project may be
				established for state grants-in-aid awarded under section
				181.021(7),
				RSMo, and for other grants-in-aid
				appropriated by the general assembly. Where applicable, and if approved by the
				secretary of state, such additional eligibility requirements will be defined in
				the call for applications for each type of grant-in-aid.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 200 - State Library › Section 15 CSR 30-200.025 - Application and Payment Procedures for Appropriations or Grants

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the application and
				  payment procedures followed by the state library for appropriations and
				  grants.
(1) For
				appropriations or grants which designate a directed distribution of funds to
				libraries which meet specific eligibility criteria (such as meeting the
				definition of an academic library, institutional library, library consortium,
				public library, school library, or special library, as defined in
				15 CSR
				30-200.010 ), the state library shall request
				information from the institutions to determine which ones are eligible for
				participation. In some instances, additional published data from various
				sources, including state and federal agencies, may be used to determine
				eligibility.
(2) For appropriations
				or grants with funds awarded on a competitive basis, the following application
				process will be used:
(A) Applications must
				be submitted in the form and manner prescribed by the state library and must
				include all required signatures;
(B) Additional information may be requested
				by the state library as appropriate to the type of applications;
(C) All applications will be examined by
				state library staff for completeness, compliance with regulations and
				eligibility criteria, and adherence to instructions, but meeting these elements
				does not obligate the state librarian or secretary of state to award any grant;
				and
(D) The state librarian shall
				review the applications and provide the secretary of state with recommendations
				for grant awards. The secretary of state shall make the final decision on
				approving, in whole or in part, or denying a grant.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 200 - State Library › Section 15 CSR 30-200.030 - Public Access Computers in Public Libraries

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes procedures for the
				  administration of public library public access computers for the purposes of
				  limiting access to material that is pornographic to minors. These procedures
				  are administered by the state librarian under the direction of the secretary of
				  state.
PURPOSE: This rule is being amended to update its
				  language and content and to clarify the "Certification of Compliance"
				  process.
(1) Definitions. As
				used in this rule, the following terms shall mean:
(A) "Public library" is a library established
				and maintained under the provisions of the library laws or other laws of the
				state related to libraries, primarily supported by public funds and designed to
				serve the general public. A public library must be legally established
				according to the provisions of current or other laws of the state related to
				libraries;
(B) "Secretary" is the
				Missouri secretary of state;
(C)
				"State librarian" is the Missouri state librarian;
(D) "Pornographic for minors," as that term
				is defined in section
				573.010,
				RSMo;
(E) "Minor," as that term is
				defined in section
				573.010,
				RSMo;
(F) "Public access computer,"
				as that term is defined in section
				182.825,
				RSMo.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 200 - State Library › Section 15 CSR 30-200.100 - State Publications Access Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being amended to update its
				  language and content and to streamline the "State Publications Access
				  Program."
(1) State Agencies.
(A) The director of each state agency shall
				assign a designee or designees as a contact for this program. Designee
				information shall be updated annually by the agencies to the Missouri State
				Library via the designee form provided by the Missouri State Library. The form
				shall include the following information: the name of the agency, the name of
				the agency director, the direc- tor's office telephone number and e-mail
				address, the name of the division, the name of the division designee for this
				program, and the designee's office telephone number and e-mail
				address.
(B) It shall be the
				responsibility of the designees and agencies to-
1. Submit a single digital file for each
				requested publication to the Missouri State Library;
2. Submit five (5) paper copies, of those
				publications still produced in paper, for each requested publication to the
				Missouri State Library, free of charge;
3. Submit requested publications to the
				Missouri State Library in an accessible format chosen by the Missouri State
				Library and within forty-five (45) days of publication;
4. Review the list of requested publications
				and update the Missouri State Library with information about new publications,
				discontinued publications, and other relevant publication infor-
				mation;
5. Inform the Missouri
				State Library of any designee changes, and promptly assign a new designee
				within thirty (30) days when the designee needs replacement; and
6. Contact the Missouri State Library for
				further guidance in submission procedures and policies.
(C) Each state agency digitizing older
				publications previously issued in paper shall provide a digital copy to the
				Missouri State Library.