reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 10 - Administration of Missouri Agricultural Liming Materials Act › Section 6 CSR 250-10.010 - Adoption of Basic Sampling Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the
Association
				  of American Plant Food Control Officials Inspector's Manual
, Third
				  Edition, 1977, as a rule for required procedures by which representative
				  samples of agricultural liming materials may be obtained.
(1) The
Association of American Plant
				Food Control Officials Inspector's Manual
has been developed on a
				national basis as a training guide for the proper performance of the duties and
				responsibilities delegated to fertilizer inspectors. Procedures for obtaining
				representative samples of bulk fertilizer are described in this manual as a
				guide to the inspector. The procedures described are also appropriate and
				thereby adopted for the obtaining of representative sample of agricultural
				liming materials. The current edition of the
Inspector's
				Manual
is the Third Edition, 1977. As new editions are published they
				will replace the older editions in this rule and this rule will be amended
				accordingly. Other sources such as Association of Official analytical Chemists
				(AOAC )
Official Methods of Analysis
, ASTM Manuals and other
				accredited sources will also be used as references.
The secretary of state has determined that publication of
					 this rule in its entirely would be unduly cumbersome or expensive. The entire
					 text of the rule has been filed with the secretary of state and is summarized
					 here by the agency adopting it. The entire text of the rule may be found at the
					 headquarters of the agency and is available to any interested person at a cost
					 established by state law.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 10 - Administration of Missouri Agricultural Liming Materials Act › Section 6 CSR 250-10.030 - Inspection Fee

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The amendment changes the inspection fee
				  from six cents (6¢) per ton to eight cents (8¢) per ton to provide
				  sufficient funds to run the inspection service. This service is currently
				  collecting insufficient funds to cover the annual costs of inspection,
				  analytical services, and program administration.
The fee provided by section
				  266.520.
				  RSMo to be prescribed by rule shall be eight cents (8¢) per ton, two
				  thousand (2,000) pounds of agricultural limestone, agricultural liming
				  materials, and other agricultural liming materials and other agricultural
				  liming materials as defined in paragraphs (1)-(3) of section
				  266.505, RSMo sold
				  for use in Missouri.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 10 - Administration of Missouri Agricultural Liming Materials Act › Section 6 CSR 250-10.040 - Annual Permit Fee

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes an annual fee for the
				  permit to sell agricultural liming materials in the state
.
(1) The director will cause to be mailed each
				year on or about the fifteenth of April a renewal application form to all
				distributors or producers currently selling agricultural liming materials in
				the state to renew their permits required by section
				266.515,
				RSMo for the coming year. The completed application shall be returned to the
				director by June 1, accompanied by a permit fee of one hundred U.S. dollars
				($100). New applications shall also be accompanied by a permit fee of one
				hundred U.S. dollars ($100). Permit fees collected will be used to defray
				administrative costs of distributor/producer registration, with any permit fees
				collected in excess of administrative costs to be used to support related
				research proposals.
*Original authority: Please see the
Missouri Revised
					 Statutes
1994 and Supplement
					 1998.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 10 - Administration of Missouri Agricultural Liming Materials Act › Section 6 CSR 250-10.050 - Collection Fee for Delinquent Filing of Certification of Sales

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a collection fee on
				  distributors or producers who do not file a certificate of sales form within
				  thirty days after each six-month period.
(1) If the certificate of sales form
				described in section
				266.520,
				RSMo is not filed and the payment of inspection fees is not made within thirty
				(30) days after the end of the specified filing period, a collection fee
				amounting to ten percent (10%) of the amount due or fifty U.S. dollars ($50),
				whichever is greater, shall be assessed against the distributor or producer and
				added to the amount due.
*Original authority: Please see the
Missouri Revised
					 Statutes
1994 and Supplement
					 1998.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 11 - Administration of Missouri Fertilizer Law › Section 6 CSR 250-11.010 - Deficiency Penalties

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule delineates procedures to be
				  followed in the assessment of penalties and in the disposition of deficient
				  fertilizers.
(1) The market
				value of fertilizer and fertilizer materials shall be expressed as a dollar
				value per unit and/or per pound of each primary plant nutrient for the purpose
				of determining the amount of penalty due when the official analysis shows an
				excessive deficiency from the guaranteed analysis and these established values
				shall be reviewed and distributed at least annually. In event the actual retail
				price is substantially higher than the value as calculated at the established
				rates, the penalty shall be based on the retail price.
(2) Penalties shall be assessed on the
				quantity of fertilizer on hand when the sample is taken. Any lot subject to
				penalty may be required to be returned to the manufacturer and all costs
				involved in the return of this fertilizer found subject to penalty shall be
				deemed misbranded and subject to an order to stop sale.
*Original authority: 266.341, RSMo 1953, amended
					 1959.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 11 - Administration of Missouri Fertilizer Law › Section 6 CSR 250-11.030 - Labeling Additional Plant Nutrients

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the labeling format for
				  plant nutrients other than nitrogen, phosphorous and potassium.
(1) Essential plant nutrients in addition to
				nitrogen, phosphorus and potassium, when mentioned in any form or manner shall
				be guaranteed.
(A) Guarantees shall be made on
				the elemental basis.
(B) Sources of
				elements guaranteed and proof of availability shall be provided to the director
				of the Missouri Agricultural Experiment Station on request.
(C) The minimum percentages which may be
				claimed are as follows:
Calcium (Ca) 1.00;
Magnesium (Mg) .50;
Sulfur (S) 1.00;
Boron (B) .02;
Chlorine (Cl) .10;
Cobalt (Co) .0005;
Copper (Cu) .05;
Iron (Fe) .10;
Manganese (Mn) .05;
Molybdenum (Mo) .0005
Sodium (Na) .10
and
Zinc (Zn) .05.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 11 - Administration of Missouri Fertilizer Law › Section 6 CSR 250-11.040 - Inspection Fee

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the inspection
				  fee.
The fee provided to be established by rule under section
				  266.331,
				  RSMo, shall be fifty cents (50[CENT]) for each ton, two thousand (2000) pounds,
				  of fertilizer reported. The last registered distributor selling fertilizer for
				  use in Missouri shall be responsible for payment to the director of the fee
				  provided by this rule.
*Original authority: Please see the
Missouri Revised
					 Statutes
.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 11 - Administration of Missouri Fertilizer Law › Section 6 CSR 250-11.041 - Inspection Fee on Manipulated Animal or Vegetable Manure Fertilizers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the inspection fee on
				  manipulated animal or vegetable manure fertilizers sold in the
				  state
.
(1) The fee provided
				to be established by rule under section
				266.331,
				RSMo, for manipulated animal or vegetable manure fertilizers. Manipulated
				manure fertilizers shall be guaranteed. The fee is established at two cents
				(2[CENT]) per ton per percent nitrogen for nitrogen levels less than five
				percent (5%), or four cents (4[CENT]) per ton per percent nitrogen for nitrogen
				levels of five percent (5%) but less than ten percent (10%), or six cents
				(6[CENT]) per ton per percent nitrogen for nitrogen levels of ten percent (10%)
				or greater.
*Original authority: 266.331 , RSMo 1953, amended 1959,
					 1985, 2009.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 11 - Administration of Missouri Fertilizer Law › Section 6 CSR 250-11.042 - Guaranteed Analysis When Tonnage Inspection Fee is Based on Product Constituent

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes tolerance for under
				  guaranteeing a nutrient when inspection fee is based on specific nutrient
				  content of a fertilizer product.
(1) When the tonnage inspection fee
				authorized in section
				266.331,
				RSMo, is based on nutrient constituent component(s) contained in the
				fertilizer, the guaranteed analysis will accurately represent the nutrient
				content of the product within one hundred fifty percent (150%) value. Value
				will be determined by chemical analysis and calculated by dividing the found
				nutrient level by the guaranteed level. Product analysis that are found to
				exceed one hundred fifty percent (150%) of the guarantee shall be subject to
				the prescribed inspection fee multiplied by the factor which the product was
				under guaranteed.
*Original authority: Please see the
Missouri Revised
					 Statutes
, 2000 and Supplement
					 2009.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 11 - Administration of Missouri Fertilizer Law › Section 6 CSR 250-11.050 - Semi-Annual Reporting Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this rule is to establish
				  fertilizer tonnage reporting procedures and clarify responsibility for the
				  inspection fee when more than one distributor is involved.
(1) The semi-annual report required by
				section
				266.331,
				RSMo, shall supply the information specified by either Option A or Option B as
				follows:
(A) The amount of fertilizer sold
				for consumption or use in the state during the period covered; and
(B) The amount of fertilizer purchased during
				the period covered, either for reformulation or for resale.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 11 - Administration of Missouri Fertilizer Law › Section 6 CSR 250-11.060 - Documentation of Tonnage

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this rule is to establish the
				  required documentation of fertilizer purchases or sales to be submitted to the
				  director.
(1) The
				documentation required by section 266.341.2(3), RSMo, shall consist of-
(A) For Option A-Invoice copies of sales or
				summaries or transcripts (for example, computer printouts) of information
				including the name and address of the purchaser, the guaranteed analysis and
				the net weight of each shipment;
(B) For Option B-Invoice copies of shipments
				received or transcripts (for example, computer printouts) of information
				including invoice number, the name and address of the supplier, the guaranteed
				analysis and the net weight of each shipment; and
(C) These documents must be submitted to the
				director at least monthly and no later than five (5) days after the end of the
				month covered.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 11 - Administration of Missouri Fertilizer Law › Section 6 CSR 250-11.070 - Annual Permit Fee

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes an annual fee for the
				  permit to sell commercial fertilizer in the state.
(1) The director will cause to be mailed each
				year on or about the fifteenth of April a renewal application form to all
				distributors currently selling fertilizer in the state to renew their permit
				required by section
				266.301,
				RSMo for the coming year. The completed application for each location from
				which commercial fertilizers are distributed shall be returned to the director
				by June 1, accompanied by a permit fee of one hundred U.S. dollars ($100). New
				applications shall also be accompanied by a permit fee of one hundred U.S.
				dollars ($100). Permit fees collected will be used to defray administrative
				costs of distributor registration, with any permit fees collected in excess of
				administrative costs to be used to support related research
				proposals.
*Original authority: Please see the
Missouri Revised
					 Statutes
, 1994 and Supplement
					 1998.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 250 - University of Missouri › Chapter 11 - Administration of Missouri Fertilizer Law › Section 6 CSR 250-11.080 - Collection Fee for Delinquent Filing of a Semiannual Report

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a collection fee on
				  distributors who do not file a semiannual report within thirty days after each
				  six-month period.
(1) If the
				semiannual report described in section
				266.331,
				RSMo is not filed and the payment of inspection fees is not made within thirty
				(30) days after the end of the specified filing period, a collection fee
				amounting to ten percent (10%) of the amount due or fifty U.S. dollars ($50),
				whichever is greater, shall be assessed against the distributor and added to
				the amount due.
*Original authority: Please see the Missouri Revised
					 Statutes, 1994 and Supplement 1998.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 255 - Fertilizer Control Board › Chapter 1 - Organization and Description › Section 6 CSR 255-1.010 - General Organization

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this rule is to comply with
				  section
				  536.023
				  RSMo which requires each agency to adopt, as a rule, a description of its
				  operation and the methods whereby the public may obtain information or make
				  submissions or requests.
(1)
				The Fertilizer Control Board was created by Senate Bill 655, Second Regular
				Session, 98th General Assembly, 2016. All fertilizer fees collected by the
				Director of the Agricultural Experiment Station (a unit of the University of
				Missouri) shall be utilized by the board. Board membership is determined by the
				by-laws of the board. The board shall-
(A)
				Determine the method and amount of fees to be assessed;
(B) Adopt, amend, promulgate, or repeal rules
				and regulations to administer, implement, and enforce the Missouri Fertilizer
				Law;
(C) Exercise general
				supervision of the administration and enforcement of the Missouri Fertilizer
				Law;
(D) Provide systems of
				registry, field inspections, laboratory analysis, penalty and enforcement
				procedures, and publications of results necessary to assure the quality of
				fertilizers offered for sale in this state;
(E) Pursue research, educational, and
				outreach programs; and
(F) Retain,
				employ, provide for, and compensate such consultants, assistants, and other
				employees on a full- or part-time basis and contract for goods and services as
				may be necessary.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 255 - Fertilizer Control Board › Chapter 10 - Administration of Missouri Fertilizer Law › Section 6 CSR 255-10.010 - Tonnage Fee

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the tonnage fee to be
				  paid by fertilizer distributors.
(1) The fee provided to be established by
				this rule under section
				266.331,
				RSMo, shall be sixty cents (60¢) for each ton of fertilizer reported with
				a minimum reporting fee of fifty dollars ($50) per reporting period. The last
				registered distributor selling fertilizer for use in Missouri shall be
				responsible for payment to the director of the fee provided by this
				rule.
Missouri Code of State Regulations › Title 6 - DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT › Division 255 - Fertilizer Control Board › Chapter 10 - Administration of Missouri Fertilizer Law › Section 6 CSR 255-10.020 - Permit Fee

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the permit fee to be
				  paid by fertilizer distributors.
(1) New applications for permits as well as
				renewal applications shall be accompanied by the annual permit fee of one
				hundred dollars ($100). The director shall collect fees and hold all fees in a
				separate fund that shall be utilized by the Fertilizer Control Board.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 1 - Organization; General Provisions › Section 7 CSR 10-1.020 - Subpoenas

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment allows those specifically
				  authorized to issue subpoenas the option to compel the attendance of witnesses
				  by video conference in addition to in person.
(1) A request for a subpoena as authorized by
				section 622.360, RSMo, requiring a person to appear in person or by video
				conference and give sworn testimony, or to appear in person or by video
				conference and produce documents, records, or other physical evidence, shall
				be, by signed writing, directed to either the director, chief engineer, chief
				financial officer, assistant chief engineer, director of motor carrier
				services, or director of multimodal operations. The signed, written request
				shall include the name and address of the witness to be served, propose a
				suitable time and place for the witness's appearance, and reasonably describe
				the documents, records, or other physical evidence to be produced. In the case
				of corporate entities, the request may name the corporation and its registered
				agent for service of process, and defer to the corporation the designation of
				an informed corporate officer or safety designee to appear to so testify or
				produce the particular documents, records, or other physical evidence to be
				produced.
(2) Upon receipt of a
				request under section (1) of this rule, the director, chief engineer, chief
				financial officer, assistant chief engineer, director of motor carrier
				services, or director of multimodal operations may sign and issue a subpoena. A
				subpoena may be served by Missouri Department of Transportation (MoDOT)
				employees and such other persons authorized by law to serve process. Service
				shall be by personal service on the named witness or service on the registered
				agent of any named corporation. Within ten (10) days of service of a subpoena,
				a return of service shall be made to the individual that signed and issued the
				subpoena.
(3) A subpoena may be
				enforced by application by the chief counsel to the circuit court of Cole
				County or any other county in this state where the named witness or corporation
				shall reside or be found.
*Original authority: 226.008, RSMo
					 2002.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 2 - Traffic Regulation › Section 7 CSR 10-2.020 - Ordering Limitation of Weights on, or Closing of, Certain State Roads

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes unnecessary language
				  while retaining the chief engineer's power to close or impose vehicle weight
				  limits on any road in the state highway system for the purpose of the
				  construction or maintenance of such road, or for the safety of the traveling
				  public. Any closure or weight limit shall have a sign posted along the road to
				  alert the traveling public.
(1) The chief engineer, or his or her
				designee, may close wholly or in part, or set a maximum vehicle weight limit
				on, any road within the state highway system as he or she finds necessary for
				the safety of the traveling public or for the purpose of, or related to, the
				construction or maintenance of the state roadway system. Any closure or maximum
				weight limit imposed on any state highway shall be subject to the posting of
				signs that shall be located along the highway in the chief engineer's sole
				discretion to give notice to the traveling public.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 2 - Traffic Regulation › Section 7 CSR 10-2.030

Current through Register Vol. 49, No. 14, July 15, 2024
The secretary of state has determined that the publication
					 of this rule in its entirety would be unduly cumbersome or expensive. The
					 entire text of the material referenced has been filed with the secretary of
					 state. This material may be found at the Office of the Secretary of State or at
					 the headquarters of the agency and is available to any interested person at a
					 cost established by state law.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 3 - Utility and Private Line Location and Relocation › Section 7 CSR 10-3.020 - Utility Relocation Hearings and Variance Request Hearings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment promulgates rules for
				  Variance Request Informal Hearings.
PURPOSE: This rule provides a uniform procedure for
				  administrative hearings concerning variance requests and location and
				  relocation of utility improvements and facilities within the rights-of-way of
				  state highways.
(1) Hearing
				Authorized.
(A) Utility Relocation Hearings.
				The commission has authority to order the location and relocation of utility
				improvements and facilities within the right-of-way of any state highway to
				prevent interference with the construction, maintenance, and public use of
				state highways. Before exercising its authority to order the relocation of
				utility facilities within the right-of-way, the commission shall provide the
				opportunity for an administrative hearing under section
				227.240,
				RSMo to any entity, person, or corporation authorized under section
				227.240,
				RSMo to own or maintain utility lines, poles, wires, conduits, pipelines, and
				tramways (utility facility) within state highway right-of-way regarding the
				commission's proposed plan of utility facility location or relocation and other
				incidental matters. Such entity, person, or corporation may waive, at any time,
				the right to an administrative hearing under section
				227.240,
				RSMo, which is to be provided to the district engineer or his/her designee or
				the hearing examiner.
(B) Variance
				Request Informal Hearings.
1. Request for
				Informal Hearing. If denied a utilities variance, the applicant will have
				thirty (30) calendar days to request an informal hearing for the purpose of
				appealing the denial. The applicant will submit its request for an informal
				hearing to the State Design Engineer, Missouri Department of Transportation, PO
				Box 270, Jefferson City, MO 65102.
2. Procedure. If the applicant requests an
				informal hearing, the department's authorized representative will advise the
				applicant of the time, date, and place of the hearing. This hearing is not a
				contested case under Chapter 536, RSMo. The rules of evidence will not apply at
				the hearing and the department's decision after conduct of the hearing is not
				subject to appeal.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 3 - Utility and Private Line Location and Relocation › Section 7 CSR 10-3.040 - Division of Relocation Costs

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded December 30, 2003)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 4 - Uniform Relocation Assistance › Section 7 CSR 10-4.010 - Administrative Review of Denial of Eligibility Or Amount of Relocation Assistance Benefits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment provides a uniform system for
				  administrative review of final department determinations as to the eligibility
				  for relocation assistance payments, the amount of relocation assistance
				  payments, or both.
(1) Request for
				Administrative Review. Any person aggrieved by a final district determination
				as to eligibility for, the amount of a relocation assistance payment, or both,
				is entitled to administrative review of the determination by filing a written
				request for hearing with the district engineer.
(A) Receipt Deadline. The request for hearing
				must be received by the district engineer within sixty (60) days after receipt
				by the applicant of the written notice of relocation claim rejection from the
				district engineer.
(B) Application.
				To be sufficient to authorize administrative review, the applicant's written
				request for hearing shall identify the person requesting the hearing , state
				that such person is eligible for a relocation assistance payment, and request
				that a relocation assistance payment in a specific amount be made to such
				person.
(C) Answer. No answer or
				response by the department is necessary. Upon receipt of a request for hearing,
				the district engineer immediately shall forward the request along with a copy
				of the district engineer's written notice of relocation claim rejection to the
				commission's chief counsel. The chief counsel shall acknowledge receipt of the
				request and assign counsel as the commission's hearing examiner and department
				counsel, respectively, to the hearing.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 4 - Uniform Relocation Assistance › Section 7 CSR 10-4.020 - Relocation Assistance Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment satisfies the commission
				  obligation under state and federal law to duly file the practices and
				  procedures for computing relocation assistance benefits.
PURPOSE: This amendment incorporates changes to the
				  department's Relocation Assistance Program Manual, which were required by the
				  Moving Ahead for Progress in the 21st Century Act of 2012 (MAP-21) and changes
				  to Title 23, Code of Federal Regulations, Part 710, effective September 22,
				  2016.
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) This rule adopts the department's
				Engineering Policy Guide, Category 236-Right of Way, Article 8, Relocation
				Assistance Program , which is incorporated herein by reference and made a part
				of this rule as published by the Missouri Highways and Transportation
				Commission, Design Division, 105 West Capitol Avenue, Jefferson City, MO 65102,
				September 25, 2018 Edition. This rule does not incorporate any subsequent
				amendments or additions
(2) For
				additional information, contact any of the department's district engineers (see
				7 CSR
				10-1.010 for addresses).
*Original authority: 226.150, RSMo 1939, amended 1977;
					 227.120, RSMo 1939, amended 2004; and 523.210, RSMo
					 1971.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 5 - Junkyards › Section 7 CSR 10-5.010 - Licensing of Junkyards

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes rule language that
				  duplicates language in sections
				  226.650 to
				  226.720,
				  RSMo; and removes unnecessary restrictive language.
(1) These rules will govern the issuance of
				licenses by the Missouri Highways and Transportation Commission (commission)
				for the establishment, operation, and maintenance of junkyards along the
				interstate and primary highway system.
(2) Any person, firm,
				corporation, or political subdivision desiring to continue to maintain and
				operate a junkyard within one thousand feet (1000') of the nearest right-of-way
				line of any interstate or primary highway and which is lawfully in existence on
				August 4, 1966 or any person desiring to establish, operate, and maintain a
				junkyard, which was not in existence on August 4, 1966, within one thousand
				feet (1000') of the nearest right-of-way line of any interstate or primary
				highway will submit an application for a license, along with a fee of ten
				dollars ($10), to the Missouri Department of Transportation's (department)
				authorized representative, the application to be in the form prescribed by the
				commission. Licenses are not transferable.
(3) A license will be
				issued by the commission for the establishment, operation and maintenance of a
				junkyard within one thousand feet (1000') of the nearest right-of-way line of
				any interstate or primary highway provided the junkyard is-
(A) Screened by natural objects, plantings,
				fences, or other appropriate means so as to render it not visible from any
				traveled way of the highway involved;
(B) Located within an area which is zoned by
				authority of law for industrial use or located within an area which has been
				determined by the commission from actual land use to be an industrial or
				commercial area; and
(C) Not
				visible from the right-of-way of any interstate or primary highway.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 6 - Outdoor Advertising › Section 7 CSR 10-6.010 - Public Information

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule informs interested persons how
				  they may obtain information and materials about state outdoor advertising
				  control.
(1) General
				Information. Sections 226.500-226.600, RSMo regulate outdoor advertising in
				Missouri adjacent to the interstate and primary highway systems. The Missouri
				General Assembly has delegated authority to the Missouri Highways and
				Transportation Commission to implement these statutes. The Missouri Highways
				and Transportation Commission has adopted administrative rules, 7 CSR 10-6,
				under these statutes to promote highway safety. These rules have the force and
				effect of law and should be read together with the statutes.
(2) How to Obtain Information and Materials.
				Information and materials regarding outdoor advertising control are available
				at
http://www.modot.org/business/outdoor_advertising/
.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 6 - Outdoor Advertising › Section 7 CSR 10-6.020 - Directional and Other Official Signs

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes unnecessary
				  restrictive language.
(1)
				Definitions (see
				7 CSR 10-6.015
				).
(2) Categories of Directional
				and Other Official Signs. Directional and other official signs include the
				following five (5) classes of signs:
(A)
				Official signs and notices are signs and notices erected and maintained by
				public officers or public agencies within their territorial or zoning
				jurisdiction and pursuant to and in accordance with direction or authorization
				contained in federal, state or local law for the purpose of carrying out an
				official duty or responsibility. Historical markers authorized by state law and
				erected by state or local government agencies or nonprofit historical societies
				may be considered official signs;
(B) Public utility signs are warning signs,
				informational signs, notices or markers which are customarily erected and
				maintained by publicly- or privately-owned public utilities, as essential to
				their operations;
(C) Service club
				and religious notices are signs and notices, where erection is authorized by
				law, relating to meetings of nonprofit service clubs, charitable associations
				or religious services;
(D) Public
				service signs are signs located on school bus stop shelters that identify the
				donor, sponsor, or contributor of the shelters; contain public service messages
				occupying not less than fifty percent (50%) of the area of the sign; contain no
				other message; and are located on school bus shelters which are authorized or
				approved by city, county, or state law, regulation, or ordinance and at places
				approved by the city, county or state agency controlling the highway involved;
				and
(E) Directional signs are signs
				containing directional messages about public places owned or operated by
				federal, state or local governments or their agencies; publicly- or
				privately-owned natural phenomena, historic, cultural, scientific, educational
				and religious sites; and areas of natural scenic beauty or naturally suited for
				outdoor recreation, deemed by the commission to be in the interest of the
				traveling public.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 6 - Outdoor Advertising › Section 7 CSR 10-6.040 - Outdoor Advertising in Zoned and Unzoned Commercial and Industrial Areas

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes unnecessary
				  restrictive language and modifies the static display time for an automatic
				  changeable display or digital technology.
(1) Definitions (see section
				226.541,
				RSMo, and
				7 CSR 10-6.015
				).
(2) Criteria for Determination
				of Zoned and Unzoned Commercial and Industrial Areas.
(A) Zoned Commercial and Industrial Areas.
				The following does not constitute a zoned commercial or industrial area:
1. An area or district which has been spot
				zoned or strip zoned for outdoor advertising;
2. An area or district which merely allows
				commercial or industrial activities as well as outdoor advertising as an
				incident to the primary land use which is other than a zoned commercial or
				industrial area. Examples are: agricultural, rural, unclassified, greenbelt,
				buffer zoning or other similar classifications which may allow specified
				commercial or industrial land uses including outdoor advertising; and
				residential and multi-family zoning classifications which may allow outdoor
				advertising and specified home occupations such as barber shops, beauty shops,
				kennels, repair shops, or professional offices;
3. An area or district which requires a
				special use permit, special zoning classification, or variance as a condition
				to the use of the area for an activity generally considered industrial or
				commercial.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 6 - Outdoor Advertising › Section 7 CSR 10-6.050 - Outdoor Advertising Beyond Six Hundred Sixty Feet (660') of the Right-of-Way

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes unnecessary
				  restrictive language.
(1)
				Definitions (see
				7 CSR 10-6.015
				).
(2) Determination of Urban
				Areas. The term urban area is defined by section
				226.510(6),
				RSMo.
(3) Determination of
				Purpose.
(A) Criteria. The department's
				authorized representative shall determine under section
				226.527,
				RSMo, when a sign is erected with the purpose of its message being read from
				the main-traveled way of an interstate or primary highway
after consideration of, but not limited to, the
				  following and any other relevant criteria:
1. Angle. The positioning or angle of a sign
				to an adjacent highway;
2. Size.
				The distance of the sign from the controlled highway in relation to the size of
				the sign. If a sign is large enough so that its message can be read from the
				highway, it may be assigned to that highway;
3. Message content. Whether or not the sign's
				message is applicable to a particular highway;
4. Physical obstructions. The presence of or
				selective removal of physical obstructions, natural or man-made, impairing a
				motorist's view of the sign from the highway; and
5. Exposure time. The period of time a
				motorist traveling on the adjacent highway at the maximum posted speed limit
				would be exposed to the sign's message. A sign which cannot be read from the
				adjacent highway should not be assigned to that highway.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 6 - Outdoor Advertising › Section 7 CSR 10-6.070 - Permits for Outdoor Advertising

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes unnecessary
				  restrictive language.
(1)
				Definitions (see section
				226.541,
				RSMo, and
				7 CSR 10-6.015
				).
(2) Outdoor Advertising Subject
				to Permit Requirements.
(A) Permit. To
				promote highway safety, a sign owner or the owner of the land on which the sign
				is located, regardless of when the sign was erected, must obtain a permit from
				the commission for the following outdoor advertising erected or maintained
				within six hundred sixty feet (660') of the nearest edge of the right-of-way
				and visible from the main-traveled way of any highway which is a part of the
				interstate or primary system:
1. Directional
				and other official signs. (see sections 226.550.1 and.2 and 226.520(1), RSMo,
				and
				7
				CSR 10-6.020 ). Only one (1) permit will be issued for
				sign structures with multiple displays;
2. Signs located in areas zoned commercial
				and industrial except on-premises signs (see sections 226.550.1 and.2, RSMo,
				and
				7
				CSR 10-6.040(2)(A) );
3. Signs located in unzoned commercial or
				industrial areas except on-premises signs (see sections
				226.520(4)226.540(4)
				
											226.550.1
				and.2, RSMo, and
				7
				CSR 10-6.040(2)(B) ). Only one (1)
				permit will be issued for multiple sign structures as back-to-back signs,
				double-faced signs, and V-type signs;
4. Conforming out of standard signs wherever
				located except on-premises signs (see sections
				226.541,
				RSMo, and
				7
				CSR 10-6.040 ); and
5. Nonconforming signs wherever located
				except on-premises signs (see sections 226.550.1 and.2, RSMo, and
				7 CSR
				10-6.060 ).
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 6 - Outdoor Advertising › Section 7 CSR 10-6.085 - Cutting and Trimming of Vegetation on Right-of-Way

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes unnecessary
				  restrictive language and modifies provisions relating to the cutting and
				  trimming of vegetation on right of way to clear a billboard's visibility
				  zone.
(1) Permits. To promote
				highway safety, a permit issued by the department's authorized representative
				is required to cut or trim any vegetation in front of any lawful sign. A
				vegetation permit may be denied or limited if the plan is deemed to be
				detrimental to the stability of the state right-of-way as determined by the
				department's authorized representative.
(A)
				Performance Bond. A performance bond in an amount up to one thousand dollars
				($1,000) is required to ensure restoration of highway right-of-way.
(B)
				Duration. All permits expire after three hundred sixty five (365)
				days.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 6 - Outdoor Advertising › Section 7 CSR 10-6.090 - Administrative Review of Notices to Remove Outdoor Advertising and to Terminate Nonconforming Signs

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes unnecessary
				  restrictive language.
(1)
				Request for Administrative Review. Any person given a notice to remove outdoor
				advertising under section
				226.580,
				RSMo, by the department's authorized representative will be entitled to an
				administrative hearing under Chapter 536, RSMo, by filing a written request for
				hearing with the Secretary of the Missouri Highways and Transportation
				Commission, PO Box 270, Jefferson City, MO 65102. This request for hearing must
				be received by the commission secretary within sixty (60) days after receipt of
				the notice to remove outdoor advertising by the applicant and must be
				sufficient to identify the person(s) requesting the hearing and the outdoor
				advertising structure for which the hearing is requested. No answer or other
				response by the commission is necessary. Upon receipt of the request for
				hearing, the commission secretary will forward the request to the hearing
				examiner for the commission.
(2)
				Authority to Dismiss Request for Administrative Review. The hearing examiner is
				authorized to dismiss any request for administrative review and terminate any
				further proceedings for the following reason:
(A) When the notice to remove outdoor
				advertising or notice to terminate a nonconforming sign has been withdrawn
				under
				7
				CSR 10-6.080(4);
(B) When the applicant has withdrawn the
				request for administrative review. The applicant will submit the withdrawal
				request in writing to the hearing examiner; or
(C) When the applicant fails to appear at the
				time and place for a hearing as scheduled under section (4) of this
				rule.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 6 - Outdoor Advertising › Section 7 CSR 10-6.100 - Removal or Concealment of Outdoor Advertising Pending Judicial Review

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes unnecessary
				  restrictive language.
(1)
				Removal or Concealment of Advertising Message by Owner. If the commission
				enters its final decision and order to remove the outdoor advertising structure
				and a petition for judicial review is filed pursuant to sections
				226.580
				and
				536.100,
				RSMo, the advertising message contained on the structure will be removed or
				concealed within thirty (30) days of the date of filing by the owner of the
				structure at the owner's expense until the action for judicial review is
				finally adjudicated. The owner is responsible for ensuring the safety of the
				general public as a result of any such act of removal or concealment. The owner
				will remove or conceal all sign panels which contain any portion of the
				advertising message.
(2) Removal or
				Concealment of Advertising Message by Commission. If the owner of the structure
				refuses or fails to remove or conceal the advertising message within thirty
				(30) days of filing a petition for judicial review, the commission may remove
				or conceal all sign panels which contain any portion of the advertising message
				and the owner of the structure is liable for the costs of this process. If the
				owner refuses to accept the panels after the removal, the commission will store
				them for a period not to exceed sixty (60) days and recover all costs of
				transporting and storing the panels from the owner. If after sixty (60) days
				the owner has not paid all costs associated with the commission's transporting
				and storing the panels and taken custody of the panels, the commission may
				dispose of them as it sees fit with no compensation to the owner.
(3) Commission Liability. The commission
				shall incur no liability for causing the removal or concealment of the
				advertising message while an action for review is pending, except if the owner
				finally prevails in its action for judicial review, commission will compensate
				the owner at the rate the owner is actually receiving income from the
				advertiser pursuant to written lease from the time the message is removed or
				concealed until the judicial review is final. In the case of a sign carrying
				its owner's advertising message, or a lease the commission determines was not
				entered into pursuant to an arm's length transaction, compensation will be at
				fair rental value determined by comparing signs of similar size, location, and
				condition for the period at issue.
*Original authority: 226.150, RSMo 1939, amended 1977; and
					 226.500-226.600, see
Missouri Revised Statutes
200 and Supp.
					 2002.