4 CSR — Department of Economic Development

Division 20 Administrative Hearing Commission

Chapter sp * - moved to 1 CSR 15

4 CSR 20-sp * - moved to 1 CSR 15 {#sec-4-csr-20-sp omnilex-key=us-mo-regs-official--title-4--4 CSR 20-sp}

MATTBLUNT(7/31/01)

Rules of Department of Economic Development SPECIAL NOTICE

Chapter 1 Through 3, 5 and 6 On August 13, 1986, Senate Bill 426 tranferred the Administrative Hearing Commission to the Office of Adminstration. The rules of the Administrative Hearing Commission may be found at Title 1, Division 15.

The chapter numbers are unchanged.

Chapter 4 Practice and Procedure for Challenges to Agency Authority

4 CSR 20-4.010 Definitions Dec. 20, 1978. Emergency rule filed Aug. 21, 1978, effective Aug. 31, 1978 expired Dec. {#sec-4-csr-20-4.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.010}

4 CSR 20-4.020 Powers and Duties Dec. 20, 1978. Emergency rule filed Aug. 21, {#sec-4-csr-20-4.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.020}

4 CSR 20-4.030 Practice by Attorneys Dec. 20, 1978. Emergency rule filed Aug. 21, {#sec-4-csr-20-4.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.030}

4 CSR 20-4.040 Complaints {#sec-4-csr-20-4.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.040}

Dec. 20, 1978. Emergency rule filed Aug. 21,

History

AUTHORITY: section 161.342 RSMo 1978.

4 CSR 20-4.050 Answers and Supplementary Pleadings {#sec-4-csr-20-4.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.050}

Dec. 20, 1978. Emergency rule filed Aug. 21,

History

AUTHORITY: section 161.342 RSMo 1978.

4 CSR 20-4.060 Petition for Stay Dec. 20, 1978. Emergency rule filed Aug. 21, {#sec-4-csr-20-4.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.060}

4 CSR 20-4.070 Evidence Dec. 20, 1978. Emergency rule filed Aug. 21, {#sec-4-csr-20-4.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.070}

4 CSR 20-4.080 Subpoenas Dec. 20, 1978. Emergency rule filed Aug. 21, {#sec-4-csr-20-4.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.080}

4 CSR 20-4.090 Hearing Dec. 20, 1978. Emergency rule filed Aug. 21, {#sec-4-csr-20-4.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.090}

4 CSR 20-4.100 Intervention Dec. 20, 1978. Emergency rule filed Aug. 21, {#sec-4-csr-20-4.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.100}

4 CSR 20-4.110 Final Decisions Dec. 20, 1978. Emergency rule filed Aug. 21, {#sec-4-csr-20-4.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.110}

4 CSR 20-4.120 Judicial Review Dec. 20, 1978. Emergency rule filed Aug. 21, {#sec-4-csr-20-4.120 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.120}

4 CSR 20-4.130 Availability of Commission’s Rules Dec. 20, 1978. Emergency rule filed Aug. 21, {#sec-4-csr-20-4.130 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.130}

4 CSR 20-4.140 Dismissal Original rule filed July 15, 1980, effective Nov. 11, 1980. Rescinded: Filed May 29, 1986, effective Dec. 1, 1986. {#sec-4-csr-20-4.140 omnilex-key=us-mo-regs-official--title-4--4 CSR 20-4.140}

Division 25 Administrative Services

Chapter 1 Unclaimed Property

4 CSR 25-1.005 Definitions {#sec-4-csr-25-1.005 omnilex-key=us-mo-regs-official--title-4--4 CSR 25-1.005}

(Moved to 15 CSR 50-3.005)

4 CSR 25-1.010 Unclaimed Property— General Considerations {#sec-4-csr-25-1.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 25-1.010}

(Moved to 15 CSR 50-3.010)

4 CSR 25-1.030 Property Deemed Unclaimed {#sec-4-csr-25-1.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 25-1.030}

(Moved to 15 CSR 50-3.030)

4 CSR 25-1.050 Certain Property Not Deliverable to the State {#sec-4-csr-25-1.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 25-1.050}

(Moved to 15 CSR 50-3.050)

4 CSR 25-1.070 Reporting and Delivery of Property Presumed Abandoned {#sec-4-csr-25-1.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 25-1.070}

(Moved to 15 CSR 50-3.070)

4 CSR 25-1.080 Cessation of Holder’s Liability {#sec-4-csr-25-1.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 25-1.080}

(Moved to 15 CSR 50-3.080)

4 CSR 25-1.090 Searching for Owners and Filing of Claims {#sec-4-csr-25-1.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 25-1.090}

(Moved to 15 CSR 50-3.090)

4 CSR 25-1.100 Sale of Abandoned Property {#sec-4-csr-25-1.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 25-1.100}

(Moved to 15 CSR 50-3.100)

MATTBLUNT(7/31/01)

Chapter 2 Museum Property

4 CSR 25-2.020 Notice of Injury to or Loss of Property on Loan {#sec-4-csr-25-2.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 25-2.020}

PURPOSE: This rule establishes a form where the museum shall give the lender or claimant written notice of injury to or loss of property on loan to a museum pursuant to the Museum Property Act. adopts the attached form in Appendix A as the Notice of Injury to or Loss of Property on Loan pursuant to the Museum Property Act.

4CODE OF STATE REGULATIONS

4 CSR 25-2.030 Notice to Conserve Loaned Property {#sec-4-csr-25-2.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 25-2.030}

PURPOSE: This rule establishes a form where a museum notifies an owner of steps taken to conserve property on loan to the museum pursuant to the Museum Property Act.

Appendix B as the Notice to Conserve Loaned Property pursuant to the Museum Property Act.

6CODE OF STATE REGULATIONS

4 CSR 25-2.040 Notice of Intent to Terminate a Loan {#sec-4-csr-25-2.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 25-2.040}

PURPOSE: This rule provides a notice of intent to terminate a loan with a museum pursuant to the Museum Property Act.

Appendix C as the Notice of Intent to Terminate a Loan pursuant to the Museum Property Act.

8CODE OF STATE REGULATIONS

4 CSR 25-2.050 Notice of Intent to Preserve an Interest in Property on Loan {#sec-4-csr-25-2.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 25-2.050}

PURPOSE: This rule adopts a form for a notice of intent to preserve an interest in property on loan to a museum pursuant to the Museum Property Act.

Appendix D as the Notice of Intent to Preserve an Interest in Property on Loan.

10CODE OF STATE REGULATIONS

Division 80 Economic Development Programs

Chapter 1 Organizational Structure

4 CSR 80-1.010 General Organization {#sec-4-csr-80-1.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-1.010}

(Rescinded May 30, 2019)

Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

JOHNR. ASHCROFT(4/30/19)

History

AUTHORITY: section 536.023, RSMo 1986.

Chapter 2 Municipal Bonds for Industrial Development

4 CSR 80-2.010 Municipal Bonding for Industrial Development {#sec-4-csr-80-2.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-2.010}

Filed Sept. 28, 2018, effective May 30, 2019.

St. Louis County v. Village of Champ, 438 SW2d 205 (Mo. App. 1969). Public policy of the state now favors more ambitious industrial development by municipalities.

Many municipalities, particularly smaller and medium size cities and towns, have successfully used the revenue bond industrial development scheme to effectively compete in attracting manufacturing and industrial development which had theretofore been unfeasible.

Municipal annexation must be reasonable, necessary or convenient and where sole purpose is to finance industrial development by revenue bond, industrial development scheme, annexation is not reasonable, although such is not alone objectionable where other valid reasons exist.

Wring v. City of Jefferson, 413 SW2d 292 (Mo. App. 1967). Municipality may sell facility acquired with proceeds of industrial revenue bonds.

Legislative provisions requiring public works to be awarded upon a public letting to the lowest responsible bidder are intended to secure unrestricted competition among bidders, eliminate fraud and favoritism and avoid undue and excessive costs which would otherwise be imposed on taxpayers.

Ordinarily, statute requiring competitive bidding on public improvements is applicable only to contracts where the city itself assures an obligation or indebtedness.

Third-class municipality not required to let contracts by competitive bidding to lowest and best bidder where project financed by industrial revenue bonds.

Op. Atty. Gen. No. 134, Maddox, 2-8-71. A municipality which issues and sells industrial development revenue bonds incurs no liability to pay for the revenue bonds other than the responsibility to apply the revenue received from the project for which the bonds were sold to retiring the bonds.

Op. Atty. Gen. No. 380, Jeffrey, 11-14-68. A city of the fourth class under a lease agreement pursuant to industrial development revenue bond issues need not follow the procedure of competitive bidding for the construction of the proposed facility thereunder, and that under section 100.200, RSMo (1969), any purchase options entered into in compliance with the statutes and approved by the Division of Commerce and Industrial Development need not be further approved at the time of their actual exercise.

History

AUTHORITY: sections 100.010–100.200, RSMo 1986. Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Rescinded:

4 CSR 80-2.020 Approval of Plan to Issue Municipal Bonds for Industrial Development Projects {#sec-4-csr-80-2.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-2.020}

Filed Sept. 28, 2018, effective May 30, 2019.

St. Louis County v. Village of Champ,438 SW2d 205 (Mo. App. 1969). Public policy of the state now favors more ambitious industrial development by municipalities.

Municipal annexation must be reasonable, necessary or convenient and where sole purpose is to finance industrial development by revenue bond industrial development scheme, annexation is not reasonable, although such is not alone objectionable where other valid reasons exist.

Wring v. City of Jefferson,413 SW2d 292 (Mo. App. 1967). Municipality may sell facility acquired with proceeds of industrial revenue bonds.

Ordinarily, statute requiring competitive bidding on public improvements is applicable only to contracts where the city itself assures an obligation or indebtedness.

A third-class municipality is not required to let contracts by competitive bidding to lowest and best bidder where the project is financed by industrial revenue bonds.

History

AUTHORITY: sections 100.040–100.060, RSMo 1986. Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Rescinded:

4 CSR 80-2.030 Preparation of the Lease Agreement {#sec-4-csr-80-2.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-2.030}

Op. Atty. Gen. No. 12, Schneider, 6-22-64.

A municipality which owns manufacturing or industrial development scheme may not require a tenant thereof facility developed by revenue bond industrial as part of the leasing agreement, to pay monies in lieu of taxes to another taxing body.

JOHNR. ASHCROFT(4/30/19)

History

AUTHORITY: section 100.050(4), RSMo 1986. Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

Chapter 3 Missouri Industrial Development Board

4 CSR 80-3.010 Definitions {#sec-4-csr-80-3.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.010}

4 CSR 80-3.020 Policy of the Commission {#sec-4-csr-80-3.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.020}

4 CSR 80-3.030 Commissioners Exempt from Chapter 105, RSMo {#sec-4-csr-80-3.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.030}

4 CSR 80-3.040 Leverage on the Reserve {#sec-4-csr-80-3.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.040}

4 CSR 80-3.050 Amounts to be Guaranteed {#sec-4-csr-80-3.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.050}

4 CSR 80-3.060 Refinancing {#sec-4-csr-80-3.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.060}

4 CSR 80-3.070 Content of the Reserve {#sec-4-csr-80-3.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.070}

4 CSR 80-3.080 Pledges {#sec-4-csr-80-3.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.080}

4 CSR 80-3.090 Application—Review and Disbursement {#sec-4-csr-80-3.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.090}

4 CSR 80-3.100 Participation with Small Business Administration {#sec-4-csr-80-3.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.100}

4 CSR 80-3.110 Lenders’ Fees or Commissions {#sec-4-csr-80-3.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.110}

4 CSR 80-3.120 Default {#sec-4-csr-80-3.120 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.120}

4 CSR 80-3.130 Fees MATTBLUNT(7/31/01) {#sec-4-csr-80-3.130 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-3.130}

Chapter 4 Industrial Development Board

4 CSR 80-4.010 Definitions {#sec-4-csr-80-4.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-4.010}

4 CSR 80-4.020 Contents of the Industrial Development Fund {#sec-4-csr-80-4.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-4.020}

4 CSR 80-4.030 Composition of the Industrial Development Board {#sec-4-csr-80-4.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-4.030}

4 CSR 80-4.040 Powers of the Board {#sec-4-csr-80-4.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-4.040}

4 CSR 80-4.050 Liability of the Board {#sec-4-csr-80-4.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-4.050}

4 CSR 80-4.060 Application for a Direct Loan {#sec-4-csr-80-4.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-4.060}

4 CSR 80-4.070 Duties of Development Agency {#sec-4-csr-80-4.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-4.070}

4 CSR 80-4.080 Structure of a Direct Loan {#sec-4-csr-80-4.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-4.080}

4 CSR 80-4.090 Bond Issuance by the Industrial Development Board MATTBLUNT(7/31/01) {#sec-4-csr-80-4.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-4.090}

Chapter 5 Business Use Incentives for Large-Scale Development

4 CSR 80-5.010 Definitions {#sec-4-csr-80-5.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-5.010}

PURPOSE:

This rule provides definitions for terms contained in the Missouri Business Use Incentives for Large-Scale Development Act, sections 100.700 to 100.850, RSMo.

(1) “Average wage paid by the applicant” means the average wage paid within the county in which the project is located. The average wage will be determined by the most recent information provided by the Division of Employment Security based upon the wages paid to employees of businesses of substantially the same North American Industry Classification System (NAICS) code as that of the applicant. In the event that the wage information is not available for a particular county or, is more than two (2) years old, or no other employer with a comparable NAICS code is located there, the Department of Economic Development may utilize average wage information from adjacent counties or counties which the department determines are comparably situated.

(2) “Eligible industry” means a business located in Missouri or a business which is not located in the state but which would locate there as a result of the project, which otherwise satisfies the requirements of an “eligible industry” under section 100.710, (3) “Invest” means the same as the term “new business facility investment” as defined in section 135.100, RSMo, except that for leased property, the value of real and personal property shall be determined by the present value of the projected annual lease payments throughout the term of the lease utilizing an interest rate established by the department.

Investments may occur during a period commencing with a date established by the department and ending not later than three and one quarter (3 ¼) years after the issuance of certificates.

(4) “New jobs” means the number of jobs created by the eligible industry during a period commencing with a date established by the department and ending not later than three and one quarter (3 ¼) years after the issuance of certificates, and which otherwise satisfy the requirements of a “new job” under section 100.710, RSMo.

(5) “Overall positive fiscal impact” and “revenue impact of the program” mean the net state economic impact which is the value of the direct and indirect new state tax revenues resulting from the project over a fifteen (15)year period (as determined by Depart ment of Economic Development econometric models) less a projection of new state costs attributed to the project.

(6) “Project” means an economic development project as defined in section 100.710, (7) “Related taxpayer” means the same as that term is defined in section 135.100, (8) “Replacement of facilities” means the same as the term “replacement business facility” as defined in section 135.100, RSMo.

History

AUTHORITY: section 100.730, RSMo 2016. Original rule filed Aug. 29, 1996, effective March 30, 1997. Amended: Filed Sept. 28, 2018, effective May 30, 2019. Original authority: 100.730, RSMo 1996.

4 CSR 80-5.020 Determination of Eligible Industries and Projects {#sec-4-csr-80-5.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-5.020}

(Rescinded May 30, 2019)

Filed Sept. 28, 2018, effective May 30, 2019.

JOHNR. ASHCROFT(4/30/19)

History

AUTHORITY: section 620.1066, RSMo (Supp. 1995). Original rule filed Aug. 29, 1996, effective March 30, 1997. Rescinded:

Chapter 6 Capital Access Program

4 CSR 80-6.010 Businesses and Activities Ineligible for Capital Access Program (3/31/23) John R. Ashcroft PROGRAMS DEVELOPMENT DEVELOPMENT {#sec-4-csr-80-6.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-6.010}

4 CSR 80-6.010 Businesses and Activities Ineligible for Capital Access Program Assistance {#sec-4-csr-80-6.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-6.010}

(Rescinded April 30, 2023)

History

AUTHORITY: section 620.1066, RSMo (Supp. 1995). Original rule filed Aug. 29, 1996, effective March 30, 1997. Rescinded: Filed Oct. 20, 2022, effective April 30, 2023.

Chapter 7 Certified Capitol Companies

4 CSR 80-7.010 Definitions 1997. Emergency rule filed Jan. 2, 1997, {#sec-4-csr-80-7.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-7.010}

4 CSR 80-7.020 Procedures 1997. Emergency rule filed Jan. 2, 1997, {#sec-4-csr-80-7.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-7.020}

4 CSR 80-7.030 Applications 1997. Emergency rule filed Jan. 2, 1997, {#sec-4-csr-80-7.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-7.030}

4 CSR 80-7.040 Tax Credits; Continuance of Certification; Qualifying a Missouri Small Business; and IRR Determination 1997. Emergency rule filed Jan. 2, 1997, JOHNR. ASHCROFT(4/30/19) {#sec-4-csr-80-7.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 80-7.040}

Division 85 Division of Business and Community Services

Chapter 1 Organizational Structure

4 CSR 85-1.010 General Organization {#sec-4-csr-85-1.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-1.010}

(Rescinded April 30, 2023)

History

AUTHORITY: section 536.023, RSMo 1986. Original rule filed Jan. 10, 1978, effective April 13, 1978. Rescinded: Filed Oct. 20, 2022, effective April 30, 2023.

Chapter 2 Neighborhood Assistance Program

4 CSR 85-2.010 General {#sec-4-csr-85-2.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-2.010}

PURPOSE: The Department of Economic Development has the responsibility to approve or disapprove proposals for Neighborhood Assistance Programs. This rule establishes guidelines to assist business firms and neighborhood organizations in the implementation of Neighborhood Assistance Programs.

(1) Neighborhood Assistance Programs (NAPs) are those programs designed to give assistance to endangered neighborhoods and their residents in the improvement of the quality of life. Assistance can be granted if the neighborhood does not have the ability within its own resources to deal with the factors which are endangering its existence as a viable and stable neighborhood. An NAP is any type of community development project which improves the neighborhood by community services, crime prevention, education, job training, physical revitalization, or economic development, as named in section 32.105, RSMo.

(2) The Department of Economic Development shall administer the NAP with the cooperation of the Department of Revenue. The department shall provide necessary assistance to neighborhood organizations and business firms wishing to take advantage of the Neighborhood Assistance Act.

(3) As used in the implementation of the Neighborhood Assistance Act, the following terms mean:

(A) Community services may include, but are not limited to: individual, group, and family counseling; mental health services; primary care and community medical health centers; child day care services; senior citizen service centers; recreation programs; nutrition programs; emergency shelters for persons suffering from physical abuse or rape; services for the handicapped; sheltered workshops, vocational counseling; substance abuse counseling; and referral services;

(B) Crime prevention programs include activities such as services to ex-offenders, local civilian organizations to help prevent crime or aid to victims of crime, or both, mediation services aimed at resolving disputes and conflicts before they become criminal incidents or services to juveniles who have had contact with the court or police;

(C) Education programs include literacy programs, adult basic education and General Educational Development (GED) certificate programs, and training for physically or mentally challenged; and education for person(s) disenfranchised by public primary or secondary school systems;

(D) Job training may include those activities which provide specific vocational skills including special apprenticeship or on-the-job training programs not otherwise available;

(E) Physical revitalization programs are those aimed at the physical improvement of any part or all of a neighborhood area. These activities may include such programs as commercial area revitalization; housing construction or rehabilitation; improvements to, acquisition, or construction of facilities used by nonprofit organizations for community purposes or related planning and promotional activities designed to aid in those programs;

(F) Business firm, person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in Missouri and subject to the state income tax imposed by the provisions of Chapter 143, RSMo, or a corporation subject to the annual corporation franchise tax imposed by the provisions of

Chapter 147, RSMo, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to Missouri, or any political subdivision of this state under the provisions of Chapter 148, RSMo, or an express company which pays an annual tax on its gross receipts in this state;

(G) Neighborhood organization, any organization incorporated as a not-for-profit corporation under the provisions of Chapter 355, RSMo; designated as a community development corporation under the provisions of Title VII of the Economic Opportunity Act of 1964; or holding a ruling from the Internal Revenue Service of the United States Department of Treasury that the organization is exempt from federal income tax. The sole ruling which shall be considered as appropriate is section 501(c)(3) of the Internal Revenue Codeof 1986;

(H) Contribution may consist of cash, material or supplies, real estate, labor, professional services, technical assistance, or equipment. Financial institutions and insurance companies are prohibited from earning tax credits for investments which are part of their normal course of business;

(I) Neighborhood, a specific geographic area certified by the Division of Community and Economic Development of the Department of Economic Development which has a readily identifiable residential population.

Ordinarily in urban and suburban areas and cities with over ten thousand (10,000) in population, a neighborhood is smaller than a city.

Small cities with under ten thousand (10,000) in population and regions within a rural area have many of the characteristics of urban neighborhoods. Whenever the word neighborhood is used, it should be read as applying to these areas as well. Some of the factors which could be demonstrated in defining a neighborhood include:

A sense of belonging or identity that ties residents to a given area:
Social, cultural, political or economic activities around which people organize themselves;
The existence of cohesive organizations formed by residents; and 4. A history of acting or being treated as a distinct or cohesive unit;

(J) Problems endangering the area’s existence as a viable and stable neighborhood, a neighborhood will be considered to have these problems when some or all of the following factors, or similar factors, are present: declining population, high percentage of people dependent on public assistance, persistent or substantial unemployment or underemployment, lower than average family incomes, financial disinvestment, insurance and financial redlining, general weakened market conditions on the neighborhood commercial strip as indicated by declining rents or vacant stores, excessive abandonment, a significant percentage of neighborhood residents on fixed incomes, unsanitary or inadequate housing, overcrowding, property speculation, high rates of crime and delinquency, high degrees of drug or alcohol abuse, increasing cases of mental health problems, significant numbers of single parent households, high degree of infant mortality and disease, disabilities, general unsanitary conditions in the area, or poor city and public utility services;

(K) Doing business, among other methods of doing business in Missouri, individuals operating a sole proprietorship or having rental, royalty, or farm income, as well as a partner in a firm or a shareholder in an S corporation if this firm or S corporation is doing business in Missouri; and (L) S corporation, a corporation described in Section 1361(a)(1) of the United States Internal Revenue Codeand not subject to the taxes imposed by section 143.071, RSMo, by reason of section 143.471, RSMo.

Amended: Filed Sept. 14, 1982, effective Dec. 11, 1982. Amended: Filed Jan. 3, 1992, effective Aug. 6, 1992. Amended: Filed Dec. 10, 1993, effective July 10, 1994. Amended:

Filed Sept. 28, 2018, effective May 30, 2019.

4 CSR 85-2.015 Economic Development {#sec-4-csr-85-2.015 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-2.015}

(Rescinded May 30, 2019)

Original rule filed Nov. 15, 1989, effective March 11, 1990. Amended: Filed Jan. 3, 1992, effective Aug. 6, 1992. Amended: Filed Dec. 10, 1993, effective July 10, 1994. Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

History

AUTHORITY: section 32.110, RSMo Supp.

4 CSR 85-2.020 Preparation of Application for the Neighborhood Assistance Program {#sec-4-csr-85-2.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-2.020}

PURPOSE: A neighborhood organization, as named in section 32.105, RSMo, may submit a proposal for a neighborhood project. Any business entity authorized to do business in Missouri is eligible to submit a proposal.

This rule establishes the procedures for submitting proposals and the criteria and priorities for the approval or disapproval of those proposals.

(1) A proposal is defined as an act of putting forward a proposed program by a business firm, or neighborhood organization, or both, for carrying out a specific project consistent with the Neighborhood Assistance Act.

(2) All proposals shall be made on the forms supplied by the Department of Economic Development. The department may request any additional information it determines necessary to evaluate a proposal or plan.

(3) Facsimile copies of applications will not be accepted.

(4) All proposals are to be submitted to the Neighborhood Assistance Program office located in Jefferson City.

(5) The department shall reply promptly with acknowledgement of receipt of the proposal submitted.

(6) All proposals must address at least one (1) of the following priorities in order to qualify for approval:

(A) The project substantially contributes to self-help efforts by residents of the neighborhood to be served in addressing locally defined objectives;

(B) The project will result in the provision of essential services to low and moderate income persons which would not otherwise be provided in the affected neighborhood and for which there are no other resources available; or (C) The project tangibly contributes to the development of lasting cooperation and partnership efforts of neighborhood organizations and businesses.

(7) Approval or disapproval of proposals shall be based on the following criteria:

(A) The degree to which an area is experiencing problems endangering its existence as a viable and stable neighborhood to be eligible for assistance.

(B) The business or neighborhood organization submitting the proposal must demonstrate its capacity to adequately administer the project;

(C) There must be a demonstrated need for the program in the neighborhood area within which the project is to be carried out;

(D) The proposal must demonstrate that residents of the affected neighborhood area have been involved in the planning of the proposed project and describe the extent to which they will be involved in its implementation;

(E) The proposal must be consistent with all locally-approved community or neighborhood development plans for the area; and (F) Proposals submitted subsequent to the first year will be evaluated on performance of the first year project, other resources developed, continued need, and potential for eventual self-sufficiency.

(8) In no case shall a project be approved that does not have a written endorsement of the local public authority.

(9) The department may determine a maximum amount of credits per project and may reserve the right to go over that amount should a proposal impact a priority or targeted area of the state.

(10) Applicants who have a complaint concerning the disposition of their proposal shall make their complaint to the director according to the following procedure:

(A) The complaint must be filed within ten (10) days after receipt of notice by mail to the applicant of the disposition of the director;

(B) The complaint shall state the name of the applicant, the disposition of the director of which the applicant complains, and a brief statement of the facts and reasons upon which the complaint is based;

(D) If a complaint is filed requesting a hearing, the department will set a date for an informal hearing and notify the applicant of the date at least ten (10) days before the hearing. The department shall begin the hearing not more than thirty (30) days after the last day for requesting a hearing;

(E) The hearing will be informal but conducted with dignity and decorum. The hearing shall begin with a statement by the department of the basis of the director’s determination of which complaint has been made. After that, the applicant shall state the complaint and present to the department facts and arguments as are relevant to the complaint; and (F) Within ten (10) days after the completion of the hearing, the director shall notify the applicant of the determination, setting forth in writing the particular facts and conclusions upon which the determination is premised. If, as a result of any hearing, the director finds the original determination incorrect, the director shall correct the determination and notify the applicant immediately following determination of the complaint.

Amended: Filed Sept. 14, 1982, effective Dec. 11, 1982. Amended: Filed Dec. 5, 1988, effective Feb. 24, 1989. Amended: Filed Jan. 3, 1992, effective Aug. 6, 1992. Amended:

Filed Dec. 10, 1993, effective July 10, 1994.

Amended: Filed Sept. 28, 2018, effective May 30, 2019.

4 CSR 85-2.030 Approval and Notification for Tax Credits to Business Firms {#sec-4-csr-85-2.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-2.030}

PURPOSE: The Department of Economic Development shall approve or disapprove applications for tax credit to business firms which have invested in approved neighborhood assistance projects. The director of the Department of Economic Development, upon approval of an application, shall notify the director of the Department of Revenue and the governor of those business firms entitled to a tax credit. This rule establishes procedures and identifies requirements for filing a Tax Credit Application.

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(1) In order to qualifyfor credit,donations must occur during theapproved project period (with the exception ofdonated audit services, which may occur anytime during the six- (6-) month period followingthe project period) and must be directly related to the approved project.

(2) Business firms wishing to apply for credit must complete an Application for Claiming Tax Credits.

(3) Tax credit applications are to be signed by the neighborhood organization and submitted directly to the respective Neighborhood Assistance Program (NAP) field office of the department no later than one (1) year following the date of donation.

(4) The order in which completed credit applications are received bythe department will determine theorder in which credits are approved. Facsimile copies willnot be considered complete applications.

(5) The department shall examine allsubmitted applications anddetermine whether the donation meets theeligibility criteria.

(6) A tax credit not to exceedfifty percent (50%) of the total amount contributed during the businessfirm’s taxable year may be allowed by the department, with the exception of up to a seventy percent (70%) tax credit for special programs as referred to in subsection (6)(A), or a seventy percent (70%) credit for projects located in any rural community as referredto insubsection (6)(B).

(A) A special credit of up to seventy percent (70%) may be allowed for donations to programs where activities fall within the scope of special programs or priorities as defined by regulations promulgated by the director of the department and approved by the governor.

(B) A special credit of up to seventypercent (70%) maybe allowed for projects located in rural communitiesdefined as follows:

Any city, town, or village having a population of fewer than fifteen thousand (15,000) inhabitants located in a county— A. That is not part of a standard metropolitan statistical area (SMSA) as defined by the United States Department of Commerce or its successor agency;

B. Designated as part of an SMSA, but having a substantial number of persons in that county who derive their income from agriculture; or C. Designated as part of an SMSA with only one (1) city in that county having a population of more than fifteen thousand (15,000) inhabitants; and 2. These tax credits equal to seventy percent (70%) of donations to projects in rural communities shall not exceed six (6) million dollars in any fiscal year.

Outright gifts of real or personal property shall be equal to the lowest of at least two (2) qualified independent ap praisals, with the following exceptions: commercial property whose value is less than fifty thousand dollars ($50,000) and vacant or residential property which value is less than twenty-five thousand dollars ($25,000) will only require one (1) appraisal. When the tax credit application is submitted, the actual cost of the appraisals may be included as part of the donation on which a tax credit is requested, provided that documentation of the costs is included in the application; and 2. When businesses do not transfer full title to real or personal property, but merely offer the use of real or personal property, the amount of the donation shall equal either the comparable market value of the rental, or the actual rental value, whichever is less.

(D) The following method will be used to determine the value of other forms of in-kind contributions:

Outright gifts of equipment, materials, supplies, or other goods shall equal either the cost to the donor or the fair market value, whichever is less. Fair market value and cost to the donor shall be determined by the department and may be based on the applicant’s support of the amounts by documentation either from the applicant itself or from an independent appraiser. If an appraisal by an independent appraiser is submitted by the applicant and adopted by the department, the actual costs of the appraisal may be included as part of the contribution.

Cost to the donor may include reasonable overhead expenses incurred in making the contribution;

When businesses contribute the use of items, the amount of the donation shall equal the actual cost of the item’s use to the contributor, but not more than the fair market value of that use. Cost and fair market value shall be determined in the same fashion as in the case of outright gifts;
Contributions of food items will be eligible to receive credit, but will be limited to organizations involved primarily in food redistribution.

A. The value of the contribution shall equal the cost to the donor or the fair market value of the items, whichever is less. Fair market value and cost to the donor shall be determined by the department and may be based on the applicant’s support of those amounts. In certain cases, a simple factor for spoilage may be applied against the donor’s cost to arrive at fair market value. Cost to the donor may include reasonable overhead expenses incurred in making the contribution.

B. Required documentation shall be determined by the department and shall include, in every case, a copy of the receipt signed by the project director of the recipient organization or his/her designee; and 4. Effective for all projects approved in Fiscal Year 1993 or later, credit will be allowed on the donation of stock, bonds, or both, as follows:

A. Market value on the actual date of donation will determine the value that the credit will be based on; and B. Credit will only be approved once the stock, bonds, or both, have been sold, however, the amount of sale proceeds received by the organization will have no effect on the value of the donation for NAP purposes.

(E) Business firms lending personnel to render expertise and assistance to a neighborhood organization are eligible for tax credit.

Personnel time must be prorated based on the employee’s hourly wage from the firm. The exact amount of time spent on the project must be verified, in writing, by the project director.

(F) Contributions of professional services are also eligible for tax credits. At the discretion of the department, individuals may be required to document similar payment for similar work during the six- (6-) month period prior to the date of contribution, whether to the same organization or not.

Rescinded and readopted: Filed Sept. 14, 1982, effective Dec. 11, 1982. Amended:

Filed March 14, 1984, effective Sept. 15, 1984. Amended: Filed Jan. 3, 1992, effective Aug. 6, 1992. Amended: Filed Dec. 10, 1993, effective July 10, 1994. Amended: Filed Sept. 28, 2018, effective May 30, 2019.

4 CSR 85-2.040 Issuing of the Tax Credit {#sec-4-csr-85-2.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-2.040}

(Rescinded May 30, 2019)

Original rule filed Jan. 10, 1978, effective April 13, 1978. Rescinded and readopted: Filed Sept. 7, 1980, effective Feb. 10, 1981. Rescinded and readopted: Filed Sept. 14, 1982, effective Dec. 11, 1982. Amended:

Filed Jan. 3, 1992, effective Aug. 6, 1992.

Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

History

AUTHORITY: section 32.115, RSMo Supp.

4 CSR 85-2.050 Special Program Priority {#sec-4-csr-85-2.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-2.050}

PURPOSE: This rule establishes guide lines and criteria to assist businesses and neighborhood organizations to participate in special programs. A tax credit of up to seventy percent will be allowed for investments in programs where activities fall within the scope of special priorities established with the approval of the governor.

(1) Contribution to a Neighborhood Assistance Program as named in section 32.105, RSMo which has been approved by the director of the Department of Economic Development and which is carried out in a specific impoverished urban neighborhood by an organization controlled by residents of that area will qualify for a tax credit of seventy percent (70%) of the total amount contributed by the business firm as provided in section 32.115, RSMo.

(2) For the purpose of this special program priority, the following terms shall mean:

(A) Impoverished urban neighborhood, a specific geographic area within a standard metropolitan statistical area (SMSA) where the median income is eighty percent (80%) or less than the median income of the entire SMSA; and (B) Controlled by residents, having a board of directors of which at least fifty-one percent (51%) of its members are residents of the specific neighborhood where the project is to be carried out who are selected through a democratic process open to all residents of the neighborhood.

(3) Application for approval of proposals for this special program priorities shall be made according to the provisions of 4 CSR 85- 2.020.

(4) Approval and granting of tax credits shall be done according to the provisions of 4 CSR 85-2.030 and 4 CSR 85-2.040 respectively.

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History

AUTHORITY: section 32.115, RSMo Supp. 1990. Original rule filed Aug. 28, 1980, effective Feb. 10, 1981. Amended: Filed Jan. 3, 1992, effective Aug. 6, 1992. Original authority: 32.115, RSMo 1977, amended 1980, 1982, 1985, 1986, 1989, 1990, 1993, 1995, 1996, 1998, 1999.

Chapter 3 Enterprise Zone Program

4 CSR 85-3.010 Enterprise Zone Program {#sec-4-csr-85-3.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-3.010}

4 CSR 85-3.020 The Application Process {#sec-4-csr-85-3.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-3.020}

Amended: Filed March 2, 1984, effective June 11, 1984. Rescinded:

History

AUTHORITY: section 135.250, RSMo 1986. Emergency rule filed Feb. 9, 1983, effective Feb. 19, 1983, expired June 19, 1983. Original rule filed Feb. 9, 1983, effective May 12, 1983. Emergency amendment filed March 2, 1984, effective March 12, 1984, expired June 12, 1984.

4 CSR 85-3.030 Designation Feb. 9, 1983, effective Feb. 19, 1983, expired June 19, 1983. Original {#sec-4-csr-85-3.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-3.030}

rule filed Feb. 9, 1983, effective May 12, 1983. Rescinded: Filed Oct. 20, 2022, effective April 30, 2023.

4 CSR 85-3.040 Complaints {#sec-4-csr-85-3.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-3.040}

4 CSR 85-3.050 Withdrawal of Approval {#sec-4-csr-85-3.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-3.050}

Chapter 4 Tax Increment Financing

4 CSR 85-4.010 Application Process {#sec-4-csr-85-4.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-4.010}

PURPOSE: This rule explains the application process.

(1) Municipalities seeking state supplemental tax increment financing for a redevelopment project or plan must complete a Precertification Request Form and a Program Application, included herein.

(2) A Precertification Request Form or Program Application may be submitted to Department of Economic Development (DED) at any time. Because of the state’s appropriation process, however, applicants must submit a precertification request prior to September 1, for the department to support the project or plan being listed in the department’s budget for Tax Increment Financing (TIF) appropriation during the next legislative session. Being listed in the budget does not mean the project is approved by the department or that the project is or will be eligible for disbursements, but only connotes that the project is not statutorily ineligible.

The department will accept a Program Application for proposed projects or plans if the project or plan is included in the TIF appropriation approved by the legislature. However, being listed in the TIF appropriation by the legislature does not indicate the project or plan will be approved by the department.

The municipality must complete the application process and be issued approval by the department before being eligible for disbursements. The first installment of New State Revenues (assuming any New State Revenues are available and the General Assembly appropriates such funds) will not be available until July 1 of the year in which the appropriation occurs.

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History

AUTHORITY: sections 99.845, RSMo Supp. 2005 and 99.865, RSMo 2000. Original rule filed May 23, 2006, effective Dec. 30, 2006. Original authority: 99.845, RSMo 1982, amended 1986, 1990, 1991, 1997, 1998, 2003, 2005 and 99.865, RSMo 1982, amended 1990, 1991, 1997.

Chapter 5 Historic Preservation Tax Credit Program

4 CSR 85-5.030 Preliminary and Excess Tax Credits Application Evaluation—Projected {#sec-4-csr-85-5.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.030}

4 CSR 85-5.040 Preliminary and Excess Tax Credits Application Evaluation—Overall {#sec-4-csr-85-5.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.040}

4 CSR 85-5.050 Preliminary and Excess Tax Credits Application Evaluation—Level of {#sec-4-csr-85-5.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.050}

4 CSR 85-5.060 Preliminary and Excess Tax Credits Application Evaluation—Input {#sec-4-csr-85-5.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.060}

4 CSR 85-5.100 Not-for-Profits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 DEVELOPMENT Solutions {#sec-4-csr-85-5.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.100}

4 CSR 85-5.010 Overview and Definitions {#sec-4-csr-85-5.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.010}

PURPOSE: This gives a brief overview of the program and defines terms used in this chapter.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that 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) The Missouri Historic Preservation Tax Credit (HTC) Program was enacted in 1997 and took effect on January 1, 1998. The law may be found in sections 253.545 to 253.559, RSMo. The law is intended to aid in the rehabilitation of historic structures in the state of Missouri by providing an incentive in the form of state tax credits equal to twenty-five percent (25%) of the qualified rehabilitation expenditures (QREs), provided that such expenses exceed fifty percent (50%) of the total basis in the property.

(2) As used in this chapter, the following terms mean— (A) Applicant. The taxpayer seeking an authorization or issuance of tax credits by the department;

(B) Certified Historic Structure. Property located in Missouri and listed individually on the National Register of Historic Places;

(D) Developer Fee Agreement. A written agreement for services between the developer and the applicant;

(E) Director. The director of the department;

(F) Eligible Property. Property located in Missouri and offered or used for residential or business purposes;

(G) Excess Tax Credits. As authorized in section 253.559.10, RSMo, excess tax credits may be awarded when the amount of QREs for a project exceed the amount of QREs attributable to the amount of tax credits the department authorized and issued for the project in response to the preliminary application and final application. The amount of excess tax credits is based upon the excess amount of QREs for the project;

(H) Excess Tax Credits Application. A request for issuance of excess tax credits. The excess tax credits application must be on the electronic form provided by the department;

(I) Final Application. A request for issuance of tax credits by an applicant whose project is complete after having received an authorization of tax credits for the project. The final application must be on the electronic form provided by the department;

(J) Final Completion. For the purposes of issuing state historic preservation tax credits, the project is considered complete when all work has been done on the project. The final year construction costs are incurred is the year credits will be issued (i.e., if costs are still being incurred in 2007 then regardless of placed in service date or date of substantial completion, the credits will be issued as 2007 credits if those expenses are being claimed for tax credits). Please note: completion dates have been established for the state historic program only. Federal guidelines vary. Final completion is separately determined for each construction period of a phased project. Costs associated with one (1) construction period may not be carried to another construction period of a project. Each construction period is considered a separate project for audit purposes and must stand alone to meet all requirements of the program. Any exceptions must be submitted to the department before the final cost certification is submitted and must be approved in writing by the department;

(K) Hard Costs. Qualified rehabilitation expenditures, or QREs, related to the structural components of a building, including but not limited to walls, partitions, floors, ceilings, windows, doors, components of central air conditioning or heating systems, plumbing, electrical wiring and lighting fixtures, chimneys, stairs, escalators, elevators, sprinkling systems, fire escapes, and other components related to the operation or maintenance of the building;

(L) Identity of Interest, or Related Party. An identity of interest, or related party, may exist when— 1. The applicant has any financial interest in the other party (i.e., general contractor, subcontractor, or vendor);

One (1) or more of the officers, directors, stockholders, or partners of the applicant is also an officer, director, stockholder, or partner of the other party;
Any officer, director, stockholder, or partner of the applicant has any financial interest whatsoever in the other party or has controlling interest in the management or operation of the other party;
The other party advances any funds to the applicant;
The other party provides and pays on behalf of the applicant the cost of any legal services, architectural services, or engineering services other than those of a surveyor, general superintendent, or engineer employed by a general contractor in connection with obligations under the construction contract;
The other party takes stock or any interest in the applicant as part of consideration to be paid;
There exists or comes into being any side deal, agreement, contract, or undertaking entered into thereby altering, amending, or canceling any of the original documents submitted to the department in the preliminary application, except as approved by the department;
Any party involved in the project would be deemed to constructively own the stock of another party involved in the project as set forth in section 304(c) of the Internal Revenue Code of 1986, as amended; or 9. Any party involved in the project has a stockholder, member, partner, officer, or director that is related by blood, adoption, or marriage to a stockholder, member, partner, officer, or director of another party involved in the project— (M) Inactive Project. Any project deemed pending as described in written communication from the department to the applicant or that has received a tax credit authorization that, in either case, has remained idle without communication from the applicant to the department providing a justified reason for such idleness, such justification to be reasonably determined by the department, for a period of at least nine (9) months from the date the last written correspondence was sent by the department to the applicant regarding the project;

(N) Incurred. Has the same meaning as set forth in Title 26, Code of Federal Regulations, section 1.461-1(a)(2)(i), published November 26, 1960, which is hereby incorporated by reference and made a part of this rule, as published by the Office of the Federal Register, National Archives and Records Administration, United States Government Publishing Office, 732 N. Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, website: http://bookstore.gpo.gov. This rule does not incorporate any subsequent amendments or additions;

(O) Non-Qualified Expenditures. All costs included in total project costs which are not qualified rehabilitation expenditures are considered non-qualified expenditures, including but not limited to a list of non-qualified expenditures under the program published by the department in the program guidelines, which shall be effective for the state fiscal year beginning on July 1 following such publication and may be updated for subsequent state fiscal years in the reasonable determination of the department. Each project shall be held to the non-qualified expenditures effective on the date the project’s preliminary application was submitted. Costs of acquisition shall constitute a non-qualified expenditure;

(P) Not-for-profit. A not-for-profit entity, including but not limited to a not-for-profit corporation formed under Chapter 355, RSMo;

(Q) Phased Project. A project for which the preliminary application submitted to the department provides for the project to be completed and reviewed in more than one (1) construction period, as described in 4 CSR 85-5.080;

(R) Postmark. For applications received by the department through a web application, the postmark shall be the date the application was submitted, as recorded by the web application;

(S) Preliminary Application. A request by an applicant for an authorization of tax credits, on the electronic form provided by the department;

(T) Program. The Missouri Historic Preservation Tax Credit Program authorized in sections 253.545 to 253.559, RSMo;

(U) Project. A certified historic structure or structure in a certified historic district that is eligible property;

(V) Projected Net Fiscal Benefit. The total net fiscal benefit to the state or municipality, less any state or local benefits offered to the taxpayer for a project. The projected net fiscal benefit shall be determined as provided in 4 CSR 85-5.030;

(W) Qualified Census Tract, or QCT. A census tract with a poverty rate of twenty percent (20%) or higher as determined by a map and listing of census tracts which shall be published by the department and updated on a five- (5-) year cycle, and which map and listing shall depict census tracts with twenty percent (20%) poverty rate or higher, grouped by census tracts with twenty percent (20%) to forty-two percent (42%) poverty, and forty-two percent (42%) to eighty-one (81%) percent poverty as determined by the most current five- (5-) year figures published by the American Community Survey conducted by the United States Census Bureau;

(X) QCT Tax Credit Cap. The maximum amount of tax credits the department may authorize solely for projects located in QCTs in a state fiscal year, which is up to thirty million dollars ($30 million) as set forth in subdivision (2) of subsection 2 of

section 253.550, RSMo;

(Y) Qualified Rehabilitation Expenditures, or QREs. Those expenditures that are used as eligible basis on which to calculate tax credits. Such costs include but shall not be limited to qualified rehabilitation expenditures as defined under section 47(c)(2)(A) of the Internal Revenue Code of 1986, as amended, as determined by the department;

(Z) Soft Costs. QREs other than hard costs, including but not limited to architect fees, engineering fees, construction management costs, utilities incurred during rehabilitation, property taxes, reasonable developer fees, construction period interest, financing costs related to construction financing, contractor overhead, and contractor profit;

(AA) State. The state of Missouri;

(BB) State Fiscal Year. The time period beginning July 1 of one year through June 30 of the following year;

(CC) Statewide Tax Credit Cap. The maximum amount of tax credits the department may authorize for projects located in the state, as set forth in subdivision (1) of subsection 2 of section 253.550, RSMo, adjusted as authorized in subdivision (3) of subsection 2 of section 253.550, RSMo. The statewide tax credit cap and the QCT tax credit cap are separate caps;

(DD) Structure in a Certified Historic District. A structure located in Missouri which is certified by the State Historic Preservation Office as contributing to the historic significance of a certified historic district listed on the National Register of Historic Places, or a local district that has been certified by the United States Department of the Interior;

(EE) Substantial Completion. One (1) of the following— 1. An architect’s certificate of substantial completion;

An architect’s certificate of final completion; or 3. A local political subdivision’s issuance of a certificate of occupancy;

(FF) Tax Credits. State historic preservation tax credits authorized under the program;

(GG) Taxpayer. Any person, firm, partnership, trust, estate, limited liability company, or corporation; and (HH) Total Project Costs. All costs, whether accrued or paid, pertaining to the redevelopment of the property for which an application for tax credits has been submitted. Total project costs include all QREs and all non-qualified expenditures, including the shell acquisition cost. It does not include any cash reserves established or to be established for the project, such as replacement reserves, lease-up reserves, lease commission reserves, or other cash held by, or for, the applicant. effective Feb. 28, 2009. Emergency amendment filed March 20, 2019, effective March 30, 2019, expired Dec. 31, 2019. Amended:

Filed March 20, 2019, effective Nov. 30, 2019. Amended: Filed July 31, 2023, effective March 30, 2024.

4 CSR 85-5.020 Applications {#sec-4-csr-85-5.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.020}

PURPOSE: This rule explains the application process for tax credits under the Historic Preservation Tax Credit Program.

(1) Preliminary Application.

(A) All applicants seeking an authorization of tax credits for a project shall submit a preliminary application to the department.

(B) The department shall post on its website a checklist of required information for a preliminary application. If a preliminary application submitted to the department is incomplete, the department will give an applicant one (1) opportunity to provide information or documents to cure any deficiencies within fifteen (15) business days of being notified by the department. The department will reject all preliminary applications that remain incomplete after one (1) opportunity to cure.

Eligibility criteria for a preliminary application include that the project is an eligible property, is a certified historic structure or structure in a certified historic district, meets the requirements in section 253.559.2, RSMo, and other statutory requirements.

(D) Subsection (1)(E) of this rule shall not apply to projects to receive less than two hundred seventy-five thousand dollars ($275,000) of tax credits.

(E) The preliminary application shall include the following:

Signed letters of support for the project from the local elected officials in the local municipality in which the project is located, as set forth in 4 CSR 85-5.060(1)(B);
The type and amount of local incentives or public financing committed to the project;
Private financing and developer equity;
The estimated number of net new jobs created in the state as a result of the project;
The amount of projected net fiscal benefit of the project to the municipality, which may be provided by the applicant, or if the applicant so chooses, determined by the department, based on information provided by the applicant. The projected net fiscal benefit to the municipality shall include the potential multiplier effect for the project and shall clearly state the period in which the municipality would realize such net fiscal benefit;
Information regarding the vacancy or underutilization prior to rehabilitation; and 7. A statement of whether the project’s address is located in an economically distressed area as set forth in 4 CSR 85- 5.050(1)(A) through (E), and if so, which type of area, as well as evidence of same.

(F) A complete preliminary application will be evaluated for eligibility and scored by the department in accordance with

section 253.559.3(1), RSMo, subsection (1)(J) of this rule, and 5 CSR 85-5.030, 5.040, 5.050, and 5.060.

(G) The department shall accept preliminary applications and excess tax credits applications in one (1) cycle for each state fiscal year. The application cycle for each state fiscal year shall open no later than July 1 and shall close on June 30.

(H) Pursuant to section 253.559.1, RSMo, preliminary applications and excess tax credits applications within each cycle shall be prioritized for review in the order of the date on which the application was postmarked, with the oldest postmarked date within the cycle receiving priority. For preliminary applications and excess tax credit applications postmarked on the same day, the lottery process used to determine the order in which an application was received by the department will rely on digital timestamps, with the applications being reviewed from oldest to newest, regardless of whether the application is a preliminary application or an excess tax credits application.

(I) Subject to sufficient QCT tax credit cap or statewide tax credit cap, as applicable, preliminary applications for projects meeting the following requirements are not subject to the application cycle set forth in subsection (1)(G) of this rule and shall be accepted by the department at any time:

The applicant or an entity with a direct or indirect controlling interest in applicant has received a formal, written proposal for business development incentives executed by the director of the department with regard to the project;
The project will be occupied by the applicant or an entity with a direct or indirect controlling interest in applicant upon completion; and 3. The applicant or an entity with a direct or indirect controlling interest in applicant has committed to relocating to Missouri from another state.

(J) Prior to an application cycle, the department shall post on its website the program guidelines, the checklist described in subsection (1)(B) of this rule, scoring criteria, and a scorecard for the cycle.

The scoring criteria and scorecard shall set forth the maximum points assigned to the required criteria in section 253.559.3, RSMo.
The program guidelines, scoring criteria, and scorecard shall state the minimum amount of points necessary for a project to be authorized tax credits. Projects scoring below that threshold will be denied.

(K) The department shall not authorize tax credits for a project in a preliminary application until such preliminary application has received written unconditional or conditional approval from State Historic Preservation Office or the National Park Service of the U.S. Department of the Interior.

(L) For projects that are located within a qualified census tract, credits shall first be authorized from the QCT tax credit cap before being authorized from the statewide tax credit cap.

(M) Except as otherwise provided, no applicant shall submit a preliminary application to the department within five (5) years following the issuance of tax credits in connection with the same property. The department shall deny any such preliminary application it receives.

(2) Final Application.

(A) An applicant seeking issuance of tax credits, other than excess tax credits, for a completed project shall submit a final application to the department.

(B) The department shall post on its website a checklist of required information for a final application.

(D) The department, in consultation with the State Historic Preservation Office, shall determine the final amount of QRE on the project and whether the completed rehabilitation meets the standards of the Secretary of the U.S. Department of the Interior for rehabilitation as determined by the State Historic Preservation Office.

(E) Subject to section 253.559.9, RSMo, an applicant may obtain an independent review of an applicant’s cost certification by one (1) or more third-party certified public accountant firms to be paid entirely by the applicant. The cost certification review shall not constitute QRE under the program. The department may publish guidance regarding such independent cost certification review in the program guidelines.

(F) The eligibility of project costs as QREs shall be evaluated using the rules and statutes in effect on the date the applicant’s preliminary application was submitted to the department.

(G) The following applies in determining whether a cost is a QRE:

An applicant’s hard costs set forth in a preliminary application will be QREs only if such costs are— A. Incurred on or after the date on which the department receives the preliminary application, except that certain hard costs incurred no earlier than one (1) year prior to the date on which the department receives the preliminary application will be QRE if such costs are— (I) Limited to costs necessary for stabilization of the structure that are cost-mitigating (delaying stabilization would result in higher QRE) or to make the structure suitable for safe entry and inspection; and (II) Not in an amount in excess of ten percent (10%) of the QRE amount sought in the preliminary application.

The amount up to ten percent (10%) may be QRE, but amounts exceeding ten percent (10%) shall not be QRE;

An applicant’s soft costs set forth in a preliminary application will be QREs only if such costs are incurred no earlier than one (1) year prior to the date on which the department receives the preliminary application;
To be a QRE, all sources of funds for payment of project costs, invoices for project costs, and other documentation relating to the project must be in applicant’s name and authorized by applicant.

A. Project costs shall not be QREs if paid by the third party on behalf of the applicant, regardless of whether applicant reimburses the third party.

B. A title company paying on behalf of an applicant shall not be considered a third party for purposes of this paragraph;

All loans related to the project must be made to applicant, provided that loans may be made to applicant’s owner if applicant is a single member limited liability company where the single member is an individual. Project costs paid with proceeds of loans not as described in this paragraph shall be considered costs paid by a third party, and shall not be QREs; and 5. Additional limitations on QREs are in 4 CSR 85-5.080, Phased Projects, 4 CSR 85-5.090, Developer Fees and General Contractor Overhead and Profit, and 4 CSR 85-5.100, Not-for- Profits.

(3) Excess Tax Credits Application.

(A) All applicants seeking excess tax credits shall submit an excess tax credits application to the department.

(B) If an excess tax credits application submitted to the department is incomplete, the department will give an applicant one (1) opportunity to provide information or documents to cure any deficiencies within fifteen (15) business days of being notified by the department. The department will reject all excess tax credits applications that remain incomplete after one (1) opportunity to cure.

Eligibility criteria for an excess tax credits application include that the department previously issued tax credits after determining the total QRE for the project after a final application was submitted, and the amount of QREs for the project exceeded the amount of QREs for which tax credits were issued by the department, and other statutory requirements.

(D) The excess tax credits application shall include the information and documents set forth for a preliminary application in subsection (1)(E) of this rule.

(E) A complete excess tax credits application will be evaluated for eligibility and scored by the department in accordance with section 253.559.3(1), RSMo, subsection (1)(J) of this rule, and 4 CSR 85-5.030, 5.040, 5.050, and 5.060.

(F) Subsection (3)(E) of this rule shall not apply to an excess tax credits application if the project received its authorization of tax credits in 2019 or later. Such a project will not be reevaluated or re-scored, and the evaluation or score given the project for the evaluation and scoring of the project’s preliminary application will be used for the excess tax credits application.

(G) The department shall accept excess tax credits applications in the same cycle as preliminary applications, as set forth in subsection (1)(G) of this rule.

(H) Excess tax credits applications will be reviewed and scored in the order set forth in subsection (1)(H) of this rule.

(I) Prior to an application cycle, in addition to the required information and documents in subsection (1)(J) of this rule, the department shall post on its website a checklist for excess tax credits applications.

(J) Except as set forth in subsection (3)(F) of this rule, excess tax credits applications will be scored in the same manner, using the same scoring criteria and scorecard as preliminary applications described in subsection (1)(J) of this rule. Projects scoring below the minimum amount of points necessary for a project to be authorized tax credits will be denied.

(K) Excess tax credits applications will be apportioned to the QCT tax credit cap or statewide tax credit cap in the manner set forth in subsection (1)(L) of this rule. effective Feb. 28, 2009. Amended: Filed July 31, 2014, effective Jan. 30, 2015. Emergency amendment filed March 20, 2019, effective March 30, 2019, expired Dec. 31, 2019. Amended: Filed March 20, 2019, effective Nov. 30, 2019. Amended: Filed July 31, 2023, effective March 30, 2024.

4 CSR 85-5.030 Preliminary and Excess Tax Credits Application Evaluation—Projected Net Fiscal Benefit forth in section 253.559.3(1)(a), RSMo. {#sec-4-csr-85-5.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.030}

For purposes of evaluating a preliminary application for authorization of tax credits and an excess tax credits application for issuance of tax credits pursuant to section 253.559.3(1)(a), RSMo, the projected net fiscal benefit to the state shall be reasonably determined by the department. The projected net fiscal benefit to the municipality may be provided by the applicant, or if the applicant so chooses, determined by the department, based on information provided by the applicant. effective Feb. 28, 2009. Emergency amendment filed March 20, 2019, effective March 30, 2019, expired Dec. 31, 2019. Amended:

Filed March 20, 2019, effective Nov. 30, 2019. Amended: Filed July 31, 2023, effective March 30, 2024.

4 CSR 85-5.040 Preliminary and Excess Tax Credits Application Evaluation—Overall Size and Quality of the Project forth in section 253.559.3(1)(b), RSMo. {#sec-4-csr-85-5.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.040}

(1) For purposes of evaluating a preliminary application for for issuance of tax credits pursuant to section 253.559.3(1)(b), (A) Leveraged investment ratio, as determined by the total project investment divided by the amount of tax credits requested;

(B) The number of net new jobs to the state to be created by the project;

(D) Potential multiplier effect of the project, based on the project’s industry type (e.g., manufacturing office facilities, residential); and (E) The amount of overall project financing for which the applicant has secured firm commitments prior to submitting its preliminary application or excess tax credits application to the department.

4 CSR 85-5.050 Preliminary and Excess Tax Credits Application Evaluation—Level of Economic Distress forth in section 253.559.3(1)(c), RSMo. {#sec-4-csr-85-5.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.050}

(1) For purposes of evaluating a preliminary application for for issuance of tax credits pursuant to section 253.559.3(1)(c), (A) The project census tract’s designation as a federal opportunity zone;

(B) The project census tract’s designation as a qualified census tract;

(D) The project census tract’s overall poverty rate, as determined pursuant to section 253.545(7), RSMo;

(E) The project census tract’s inclusion in an enhanced enterprise zone established under sections 135.950 to 135.973, RSMo; and (F) The project’s vacancy or underutilization prior to rehabilitation.

4 CSR 85-5.060 Preliminary and Excess Tax Credits Application Evaluation—Input from Local Elected Officials forth in section 253.559.3(1)(d), RSMo. {#sec-4-csr-85-5.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.060}

(1) For purposes of evaluating a preliminary application for for issuance of tax credits pursuant to section 253.559.3(1)(d), (A) Committed amount of local incentives to the project; and (B) Signed letters of support for the project from the local elected officials in the local municipality in which the project is located. For any project in any city not within a county, an applicant shall also include a letter of support from the president of the board of aldermen, if one can be obtained.

4 CSR 85-5.070 Compliance with Other Provisions of Law {#sec-4-csr-85-5.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.070}

PURPOSE: This rule clarifies the issuance requirements for Historic Preservation Tax Credit certificates.

(1) A tax credit certificate issued following the final completion of a project, and submission to the department of a complete final application or an excess tax credits application, shall be in an amount no greater than those costs that are Qualified Rehabilitations Expenditures (QREs), and shall only be issued after the department confirms compliance with all other provisions of law, including but not limited to— (A) Payment of any issuance fees under section 620.1900, RSMo, or similar provisions;

(B) Payment of any back taxes and penalties under section 135.815, RSMo, or similar provisions; and (C) Compliance with section 285.530, RSMo, with regard to employment of unauthorized aliens.

4 CSR 85-5.080 Phased Projects {#sec-4-csr-85-5.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.080}

PURPOSE: This rule explains the circumstances under which a project can have multiple construction periods under the Historic Preservation Tax Credit program.

(1) To qualify as a phased project, an applicant must— (A) Apply for the federal historic preservation tax incentives program as a phased project;

(B) Submit a single preliminary application to the department for the entire phased project; and (C) Submit a copy of the federal historic preservation tax incentives program phased project application with the preliminary application.

(2) The preliminary application for a phased project must mirror the phasing listed in the federal historic preservation tax incentives program project application.

(3) Each construction period (phase) of a phased project must be described such that expenditures are clearly identified as incurred during an individual phase.

(4) All amendments to a preliminary application for a phased project must be identical to amendments to the applicant’s federal historic preservation tax incentives program phased project application, a copy of which must be submitted to the department. An amended preliminary application for a phased project shall be evaluated as an amendment to the project phase being modified.

(5) Each construction period of a phased project must meet all program requirements on its own, without consideration of any other phase of the project.

(6) The director shall have the authority to authorize tax credits for a phased project preliminary application using an aggregate estimate with flexibility among phases for projects that meet the requirements of 4 CSR 85-5.020(1)(I).

4 CSR 85-5.090 Developer Fees; General Contractor Overhead and Profit {#sec-4-csr-85-5.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.090}

PURPOSE: This rule explains the treatment of developer fees and general contractor requirements under the Historic Preservation Tax Credit program.

(1) For a developer fee to be a QRE, the developer fee agreement must meet the requirements of this rule.

(2) A developer fee shall be deemed a QRE only if— (A) The developer fee is reasonable, which shall mean that it does not exceed twelve percent (12%) of total project cost less non-qualified expenditures, related party fees, profit, and the total amount of the developer fee itself;

(B) The developer fee is evidenced by a signed and notarized written agreement between the applicant and the developer;

basis for substantial completion, which must be one (1) of the alternatives in 4 CSR 85-5.010(2)(EE), is specified in the developer fee agreement;

(D) The developer fee agreement is submitted to the department by the later of the project’s initial closing on construction financing, or initial closing on federal historic tax credit equity, if applicable. If no developer fee agreement has been submitted to the department for review by the later to occur of either event in the preceding sentence, no developer fees will be eligible as a QRE for the project; and (E) It is preferred that the developer fee agreement does not include activities that are in support of costs that are ineligible as QRE, such as syndication, organization, property acquisition, obtaining permanent financing, rent-up/lease-up of the property, and ongoing property management (non-QRE activities). If, however, the developer fee agreement includes both QRE and non-QRE activities, the applicant must submit a breakdown of the portions of the developer fee that are for QRE activities and non-QRE activities before being issued tax credits.

(3) Up to ninety percent (90%) of a developer fee can be deferred (incurred but unpaid) and be a QRE, provided that the requirements in section (2) of this rule are met and the developer fee agreement requires full payment of the deferred amount of the developer fee by applicant within five (5) years of substantial completion.

(4) The applicant that is issued tax credits for deferred developer fees as set forth in section (3) of this rule shall be personally liable for repayment of all tax credits attributable to any amount of the developer fee for which tax credits were issued but the developer fee is not paid within five (5) years of substantial completion of the project.

(5) For a developer fee to be a QRE, any amendment to the developer fee agreement— (A) That changes the amount of the developer fee shall include the justification for such increase or decrease to such amount;

(B) Must be in writing, signed, and notarized by all parties; and (C) Must be submitted to the department with the project’s final application.

(6) Payment of a deferred developer fee within a reasonable period of time following it being incurred is material to the department’s determination that a deferred developer fee is a QRE. The appropriate real party in interest to represent the state shall have standing to bring suit for an applicant’s failure to pay a deferred developer fee for which tax credits have been issued within five (5) years of substantial completion of the project.

(7) In order to be a QRE, general contractor soft costs of overhead and profit must be separately listed on the expense report form submitted with the final application. General contractor profit and overhead must be reasonable.

(A) General contractor overhead and profit is presumed to be reasonable if together it is equal to or less than ten percent (10%) of total eligible contractor costs less related party fees, overhead, and profit.

4 CSR 85-5.100 Not-for-Profits {#sec-4-csr-85-5.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.100}

PURPOSE: This rule explains the treatment of not-for-profit entities under the Historic Preservation Tax Credit program.

(1) Not-for-profit entities, including but not limited to entities organized as not-for-profit corporations pursuant to chapter 355, RSMo, shall be ineligible for tax credits. Under no circumstance shall tax credits be issued to a not-for-profit.

(2) A for-profit entity will be restricted from full participation in the program if that entity has a not-for-profit as part of its ownership group or has received a contribution from a related not-for-profit. Such a for-profit applicant shall have its tax credits reduced by the greater of:

(A) The percentage interest in its ownership held by or attributed to a not-for-profit. When a not-for-profit is considered part of the applicant’s ownership group, ownership interest shall be attributed to the related party not-for-profit in accordance with the attribution rules of section 304(c)(3) of the Internal Revenue Code of 1986, as amended; and (B) The percentage of capital contributed by or on behalf of a not-for-profit owner or related party.

(3) A for-profit applicant may obtain a non-forgivable loan from a related not-for-profit entity and not have its tax credits reduced on account of such loan if such loan is made on reasonable, commercial terms evidencing an arms-length transaction, as reasonably determined by the department.

(4) For purposes of section (2) of this rule, an ownership interest will not be attributed to a related party not-for-profit that is separated from the applicant in the ownership structure, directly or indirectly, by a for-profit entity, including blocker corporations and all corporations filing U.S. Treasury (Internal Revenue Service) Form 1120 or their successors that have been formed for a legitimate business purpose. The related party not-for profit is still considered to be a related party for all other purposes under the program. The determination of whether or not a business was formed for a legitimate business purpose will be made by the department after considering all relevant facts and circumstances. In its review of a legitimate business

purpose, the department shall consider, but not be limited to, the factors and principles set forth in Moline Properties, Inc. v.

Commissioner, 319 U.S. 436 (1943), and applicable federal law.

(5) In cases of not-for-profit ownership for the sole purpose of obtaining local tax exemptions pursuant to chapters 100 or 353, RSMo, consistent with the holding of the U.S. Supreme Court in Helvering v. F&R Lazarus & Co., 308 U.S. 252 (1939) and the Internal Revenue Service’s published guidance in Revenue Ruling 68-590, the change in ownership required for such local tax exemptions will not render a project ineligible for tax credits, provided that all invoices submitted to the department as Qualified Rehabilitation Expenditures (QREs) are incurred and paid by the applicant.

History

AUTHORITY: section 135.487, RSMo 2016, and section 620.010, RSMo Supp. 2019. Emergency rule filed March 20, 2019, effective March 30, 2019, expired Dec. 31, 2019. Original rule filed March 20, 2019, effective Nov. 30, 2019. Original authority: 135.487, RSMo 1999 and 620.010, RSMo 1971, amended 1981, 1983, 1986, 1989, 1990, 1993, 1994, 1995, 1999, 2001, 2007, 2008, 2010, 2014, 2019.

4 CSR 85-5.110 Administrative Closure {#sec-4-csr-85-5.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-5.110}

PURPOSE: This rule explains the administrative closure process for inactive projects under the Historic Preservation Tax Credit program.

The department may administratively close any inactive project upon at least thirty (30) days’ notice sent to the applicant and the project contact, and shall rescind any tax credits authorized for the project. The department may send such notice by U.S. Mail or email.

Chapter 6 Recovery Zone Bond Allocation, Waiver, and Reallocation

4 CSR 85-6.010 Recovery Zone Bond Allocation, Waiver, and Reallocation {#sec-4-csr-85-6.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-6.010}

(Rescinded May 30, 2019)

Emergency rule filed Sept. 18, 2009, effective Sept. 28, 2009, expired March 26, 2010. Original rule filed Sept. 18, 2009, effective April 30, 2010. Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

JOHNR. ASHCROFT(4/30/19)

History

AUTHORITY: section 108.1010, RSMo Supp.

Chapter 7 Entrepreneurial Development Council

4 CSR 85-7.010 Entrepreneurial Development Council {#sec-4-csr-85-7.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-7.010}

(Rescinded May 30, 2019)

Original rule filed Jan. 27, 2010, effective Aug. 30, 2010. Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

JOHNR. ASHCROFT(4/30/19)

History

AUTHORITY: section 620.050, RSMo Supp.

Chapter 8 Amateur Sporting Contribution Tax Credit Program

4 CSR 85-8.011 Definitions {#sec-4-csr-85-8.011 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-8.011}

PURPOSE: This rule explains the meaning of terms used in connection to the Amateur Sporting Contribution Tax Credit Program.

(1) As used in 4 CSR 85-8.011 through 4 CSR 85-8.021, the following words shall mean:

(A) Administrative hold: Applications that would otherwise gain approval but for insufficient cap space are not approved but are held until such time as cap space becomes available or the program sunsets;

(B) Applicant: Certified sponsor or local organizing committee;

A DED Form SCTCP App., included herein;
Proof of payment showing that the applicant received an eligible donation from the contributor; and 3. Payment for the issuance fee to the department, the issuance fee payment must be in the form of a check payable to the state of Missouri;

(D) Approved: An application that the department has determined has met all requirements necessary for the issuance of tax credits;

(E) Certified sponsor: A nonprofit organization which is an active member of the National Association of Sports Commissions;

(F) Contributor: Any one of the following:

A taxpayer, as that phrase is used in

section 67.3000.1(16), RSMo;

A person, firm, partner in a firm, corporation, or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed under Chapter 143, RSMo;
A corporation subject to the annual corporation franchise tax imposed under

Chapter 147, RSMo;

An insurance company paying an annual tax on its gross premium receipts in this state;
Any other financial institution paying taxes to the state of Missouri or any political subdivision of this state under Chapter 148, RSMo; or 6. An individual subject to the state income tax imposed under Chapter 143, RSMo; any charitable organization which is exempt from federal income tax and whose Missouri unrelated business taxable income, if any, would be subject to the state income tax imposed under Chapter 143, RSMo;

(G) Cap space: An amount equal to ten (10) million dollars less all tax credits issued under the program in a given fiscal year;

(H) Department: The Missouri Department of Economic Development;

(I) Denial: An application is denied when it is deemed by the department to be ineligible for tax credits;

(J) Eligible donation: Donations received by a certified sponsor or local organizing committee, from a contributor that may include cash, publicly traded stocks and bonds, and real estate that is valued with an independent third party appraisal submitted to the department along with the application. Eligible donations must be used solely to provide funding to attract sporting events to the state and cannot be conditional. There can be no right on the part of the contributor to request return of an eligible donation under any circumstances;

(K) Fiscal year: The state fiscal year, running from July through June;

(L) Issuance fee: An amount payable to the state of Missouri that is equal to one-half (1/2) of the value of the eligible donation;

(M) Local organizing committee: A nonprofit corporation or its successor in interest that— 1. Has been authorized by one (1) or more certified sponsors, endorsing municipalities, or endorsing counties, acting individually or collectively, to pursue an application and bid on its or the applicant’s behalf to a site selection organization for selection as the host of one (1) or more sporting events; or 2. With the authorization of one (1) or more certified sponsors, endorsing municipalities, or endorsing counties, acting individually or collectively, executes an agreement with a site selection organization regarding a bid to host one (1) or more sporting events;

(N) Program: The Sporting Contribution Tax Credit Program found in section 67.3005, RSMo;

(O) Program sunset: The date on which the program is to end pursuant to the Missouri Sunset Act found in section 23.253, RSMo;

(P) Proof of payment: A bank statement, canceled check, or other documentation of the eligible donation showing the transfer of property from the contributor to the applicant;

(Q) Reactivation: Taking an application off of administrative hold status;

(R) Request for reactivation: Formally asking that an application be taken off of the administrative hold status;

(S) State: The state of Missouri;

(T) Tax credits: A credit or credits issued by the department against the tax otherwise due under Chapters 143 or 148, RSMo, excluding withholding tax imposed under sections 143.191 to 143.265, RSMo, tax credits issued under this program may be assigned, transferred, sold, or otherwise conveyed, and the new owner of the tax credit shall have the same rights in the credit as the taxpayer; and (U) Taxpayer: Any one of the following:

A person, firm, partner in a firm, corporation, or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed under

Chapter 143, RSMo;

A corporation subject to the annual corporation franchise tax imposed under Chapter 147, RSMo;
An insurance company paying an annual tax on its gross premium receipts in this state;
Any other financial institution paying taxes to the state of Missouri or any political subdivision of this state under Chapter 148, RSMo; or 5. An individual subject to the state income tax imposed under Chapter 143, RSMo; any charitable organization which is exempt from federal income tax and whose Missouri unrelated business taxable income, if any, would be subject to the state income tax imposed under Chapter 143, RSMo.

4CODE OF STATE REGULATIONS

6CODE OF STATE REGULATIONS

8CODE OF STATE REGULATIONS

10CODE OF STATE REGULATIONS

History

AUTHORITY: section 67.3005, RSMo Supp. 2013. Emergency rule filed April 1, 2014, effective April 11, 2014, expired July 30, 2014. Original rule filed Feb. 7, 2014, effective July 30, 2014. Original authority: 67.3005, RSMo 2013.

4 CSR 85-8.021 Program Administration {#sec-4-csr-85-8.021 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-8.021}

PURPOSE: This rule explains the administration of the program cap for the Amateur Sporting Contribution Tax Credit Program.

(1) If the applicant has submitted all required documents in an application accurately and completely, the contributor associated with an application shall be issued tax credits, so long as there is cap space available in the fiscal year in which an application is to be approved.

(2) The department will not exercise its authority to require an additional fee under section 620.1900, RSMo.

(3) Complete and accurate applications shall be allocated cap space in the order received.

If two (2) or more complete and accurate applications are received on the same day, a lottery will be used to determine the order in which applications will be approved.

(4) If there is insufficient cap space available in a fiscal year for an otherwise valid application to be approved, the application will be placed on administrative hold.

(A) Applications placed on administrative hold due to a lack of available cap space will not have their issuance fees processed when the applications are undergoing the approval process. Any issuance fee payment received by the department will be returned to the applicant.

(B) If cap space becomes available for an application placed on administrative hold prior to the program sunset, the application will be denied unless— 1. The applicant submits a request for reactivation within thirty (30) days following the date on which the department first sent official notification; and 2. The applicant submits a new issuance fee.

(C) Requests for reactivation will be processed in the order the underlying applications were received. If two (2) or more applications were received on the same day the requests for reactivation will be processed in the order established by a lottery.

(5) If there is only sufficient cap space available in a fiscal year for a portion of a valid application to be processed, the applicant must submit a new issuance fee to cover the portion of the award request that has sufficient cap space available. The remaining cap space will be placed on administrative hold and will be processed as described in sections (1) through (4) of this rule.

(6) All applications on administrative hold as of the date when the program sunsets will be denied.

History

AUTHORITY: section 67.3005, RSMo Supp. 2013. Emergency rule filed April 1, 2014, effective April 11, 2014, expired July 30, 2014. Original rule filed Feb. 7, 2014, effective July 30, 2014. Original authority: 67.3005, RSMo 2013.

Chapter 9 Amateur Sporting Tax Credit Program

4 CSR 85-9.011 Definitions explain the meaning of terms used in connection with the Amateur Sporting Tax Credit Program. {#sec-4-csr-85-9.011 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-9.011}

(1) As used in 4 CSR 85-9.011 through 4 CSR 85-9.051, the following words shall mean:

(A) Account(s) receivable: A legally enforceable claim for payment against an applicant, payable within sixty (60) days following the sporting event;

(B) Active member: An organization located in the state of Missouri, which solicits and services sports events, sports organizations, and other types of sports-related activities in that community;

(D) Amateur athlete: An individual who participates in a sporting event as a competitor, and is not compensated for participating in that sporting event; or an Olympian. Examples include: Olympic athletes and collegiate athletes participating under NCAA sponsored events;

(E) Amateur organization: An interstate organization, dedicated to promoting, organizing, or administering sporting games, or competitions among amateur athletes, athletes competing in Olympic pre-qualifying competitions, or Olympians;

(F) Applicant or applicants: One (1) or more of the following acting individually or collectively:

Certified sponsors;
Endorsing counties;
Endorsing municipalities;
Local organizing committees; or 5. Related parties to another applicant;

(G) Certified sponsor or certified sponsors:

One (1) or more nonprofit organizations which are active members of the National Association of Sports Commissions;

(H) Competitive bidding process: The selection system used by a site selection organization to choose the location of a sporting event.

For a bidding process to be competitive, the competition must include at least one (1) site located outside of Missouri, and the sporting event cannot be one (1) whose history would typically place it in Missouri;

(I) Construction: Any activity directly or indirectly related to the building of new improvements on real property;

(J) DED: The Missouri Department of Economic Development;

(K) Department: The Missouri Department of Economic Development;

(L) De Minimisticket price: A ticket sold for less than five dollars ($5);

(M) Director: The director of the Department of Revenue;

(N) DOR: The Department of Revenue;

(O) Eligible costs: All costs, except ineligible costs, that are:

Necessary for conducting a sporting event;
Related to the preparations necessary for conducting a sporting event;
The pledged obligations to a site selection organization as evidenced by a support contract for a sporting event; and 4. Costs that are associated with retrofitting a facility if necessary to accommodate the specific approved sporting event;

(P) End of a sporting event: A sporting event shall be deemed to end upon the conclusion of the sporting event; or upon the last sporting event if there are multiple sporting events being held over several days;

(Q) Endorsing county: An endorsing municipality that is also a county;

(R) Endorsing municipality or municipalities: Any city, town, incorporated village, or county that contains a site selected by a site selection organization for one (1) or more sporting events;

(S) Event notification period: A period starting no more than sixty (60) days prior to the start of a sporting event and ending no less than thirty (30) days prior to the start of a sporting event. If the sporting event is a series of sporting events covered under a single support contract, then the date of the first sporting event shall serve as the start of all the sporting events under that support contract;

(T) Face value: The sales price for a ticket that is sold at the amount printed on the face of the ticket (or disclosed in a comparable fashion in the case of an online purchase), provided that the face value is not for a de minimisticket price, and the ticket is sold in the primary market;

(U) Ineligible expense: Any expense related to— 1. Construction;

Rehabilitation;
A payment to a related party;
A direct payment to a for-profit site selection organization; or 5. Any accrued cost, except that accounts receivable that are paid and submitted to the DED in the sixty (60) days following the submission of the Certification of Costs shall be treated as eligible;

(V) Invoice: A descriptive list of goods and services provided, listing the sum due to be paid;

(W) Joinder agreements: An agreement entered into by one (1) or more applicants, acting individually or collectively, and a site selection organization setting out representations and assurances by each applicant in connection with the selection of a site in Missouri for the location of a sporting event;

(X) Joinder undertaking: An agreement entered into by one (1) or more applicants, acting individually or collectively, and a site selection organization that each applicant will execute a joinder agreement in the event that the site selection organization selects a site in Missouri for a sporting event;

(Y) Local organizing committee: A nonprofit corporation or its successor in interest that— 1. Has been authorized by one (1) or more certified sponsors, endorsing municipalities, or endorsing counties, acting individually or collectively, to pursue an application and bid on its or the applicant’s behalf to a site selection organization regarding a bid to host one (1) or more sporting events; or 2. With the authorization of one (1) or more certified sponsors, endorsing municipalities, or endorsing counties, acting individually or collectively, executes an agreement with a site selection organization regarding a bid to host one (1) or more sporting events;

(Z) Major regional, national, and international sports organizations: An interstate organization, dedicated to promoting, organizing, or administering sporting games, or competitions among amateur athletes;

(AA) Necessary for conducting or necessary for the conduct of: Costs or preparations shall be deemed necessary, only if the sporting event could not occur without the cost in question;

(BB) Pledged obligation: All reasonable expense that must be undertaken by an applicant, pursuant to the support contract, as a condition of hosting the sporting event;

(CC) Proof of payment: Proof of payment must be indicated with a document showing that costs were incurred by the applicant, and that funds were transferred to the payee. Proof of payment documentation may include, but is not limited to, the following:

A bank or credit card statement showing the transfer of funds to the payee;
A canceled check from a bank;
A title company statement showing the transfer of funds from the title company to the payee. Documentation must also be provided showing the transfer of funds from the applicant to the title company; or 4. Other documentation acceptable to the department;

(DD) Rehabilitation: The repair, renovation, restoration, or reconstruction of a building;

(EE) Related party: Any party that would be deemed a related party under IRC section 267(b) and its associated regulations;

(FF) Retrofitting: The costs (hard and soft) related to modifying the facility that is directly necessary and required to facilitate the specific sporting event. Retrofit costs are designated to be project specific and may be temporary or permanent in nature;

(GG) Site selection organization: The National Collegiate Athletic Association (NCAA); an NCAA member conference, university, or institution; the National Association of Intercollegiate Athletics (NAIA); the United States Olympic Committee (USOC); a national governing body (NGB) or international federation of a sport recognized by the USOC; the United States Golf Association (USGA); the United States Tennis Association (USTA); the Amateur Softball Association of America (ASA); other major regional, national, and international sports associations, and amateur organizations that promote, organize, or administer sporting games, or competitions; or other major regional, national, and international organizations that promote or organize sporting events;

(HH) Sources and uses: A document prepared by the applicant showing the available funds that will be used to conduct the sporting event, along with all projected expenses associated with the sporting event;

(II) Sporting event: An amateur or Olympic sporting event that is competitively bid (at least one (1) of which was a bid for a location outside of Missouri) and is awarded by a site selection organization. A sporting event may include several sporting events provided those sporting events are all covered under a single support contract;

(JJ) Support contract: An event award notification, joinder undertaking, joinder agreement, or contract executed by an applicant and a site selection organization as submitted with the project proposal. All pledged obligations must be specifically listed within the support contract itself. If the support contract incorporates additional documents by reference, those additional documents must be submitted as part of the support contract in order to be considered by the DED; and (KK) Tax credit: A credit issued by the Department of Economic Development against the tax otherwise due under Chapters 143 or 148, RSMo, excluding withholding tax imposed under sections 143.191 to 143.265, RSMo.

Original rule filed Feb. 7, 2014, effec-

4 CSR 85-9.021 Application Process explain the application process for the Amateur Sporting Tax Credit Program. {#sec-4-csr-85-9.021 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-9.021}

(1) The application process will be comprised of the following steps:

(A) In the project proposal step the department will— 1. Determine if the project meets the statutory criteria for eligibility;

Evaluate the economic impact of the sporting event upon the state of Missouri. The evaluation of economic impact will determine if the sporting event has a positive economic impact upon the state using one (1) of two (2) methods— A. Require proof of a positive economic impact. Project proposals which include major regional, national, and international sports associations, amateur organizations, or major regional, national, and international organizations must provide data which will be analyzed by the department to find if the sporting event has a positive return of general revenue proceeds to the state in the same state fiscal year as the event. That analysis shall be performed by the department as a benefit cost analysis using data provided by the applicant in the project proposal; or B. Meet a presumption of a positive economic impact. The department will presume that the project generates a positive economic impact if the project proposal uses any of the following site selection organizations:

(I) The National Collegiate Athletic Association (NCAA);

(II) An NCAA member conference, university, or institution;

(III) The National Association of Intercollegiate Athletics (NAIA);

(IV) The United States Olympic Committee (USOC);

(V) A national governing body (NGB) or international federation of a sport recognized by the USOC;

(VI) The United States Golf Association (USGA);

(VII) The United States Tennis Association (USTA); or (VIII) The Amateur Softball Association of America (ASA).

Tax credits will be reserved for a project proposal if that project proposal meets the statutory criteria for eligibility, and the project proposal is determined to have a positive economic impact;
A project proposal will be denied if that project proposal either fails to meet the statutory criteria for eligibility, or if it is determined that the sporting event does not have a positive economic impact upon the state. Applicants will be informed of a denied project proposal by the department in writing;

(B) The applicant submits its support contract for department review;

The department will review a support contract only— A. After reserving tax credits as part of the project proposal; or B. In conjunction with a project proposal.
The department review of a support contract will include a determination of statutory compliance;
A project, with tax credits reserved, will be authorized to receive tax credits after a support contract is deemed to be in statutory compliance;
The support contract need not be made available for DED review prior to submission of the event notification, or prior to the sporting event, but in no event can approval or issuance of tax credits be made prior to receipt of an executed support contract.

The event notification must be submitted to the department no less than thirty (30) days, and no more than sixty (60) days prior to the sporting event;

(D) The sporting event takes place;

(E) The applicant submits a cost certification in which the department determines eligibility and the potential amount of any tax credit award;

The cost certification must be submitted no later than thirty (30) days following the end of the sporting event or the project is denied;
The department and the director may determine the total number of tickets sold at face value for a sporting event within seven (7) days following the end of the sporting event;

A. If the department and the director do not determine the total number of tickets sold at face value for a sporting event, the department shall determine the number of admissions tickets sold to the event through 4CODE OF STATE REGULATIONS evidence submitted by the applicant with the cost certification; and (F) No later than sixty (60) days immediately following the receipt of the cost certification, the DED will issue tax credits equal to the lesser of one hundred percent (100%) of the eligible costs incurred by the applicant, or five dollars ($5) for each admission ticket sold to the sporting event.

Original rule filed Feb. 7, 2014, effec-

4 CSR 85-9.031 Project Proposal explain the requirements for submitting and processing a project proposal. {#sec-4-csr-85-9.031 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-9.031}

(1) The following will be included as part of the project proposal:

(A) The Project Proposal Form, included herein;

(B) Identification of a presumed economic impact or a proven economic impact;

(C) The Memorandum of Understanding for the E-Verify Program; and (D) A draft copy of the support contract, if available.

(2) The department reserves the right to make reasonable request for additional documentation in order to approve or deny a Project Proposal Form.

(3) A project proposal must meet the following statutory criteria in order for the project to be reserved tax credits:

(A) There must be cap space available.

The department is limited to issuing only three (3) million dollars in tax credits in a given state fiscal year. Should the DED have reached the cap for a given year, any remaining applications will be placed on administrative hold until the earlier of— 1. A date upon which the support contract is awarded to another city, at which point the application will be denied;

A date upon which there is cap space available due to other denials in the fiscal year covered by the application, at which point cap space will be reserved for the applicant; or 3. Until a date ninety (90) days following the end of the sporting event, at which point the project will be denied.

(B) A project will be denied, even if it had been previously approved, when it becomes apparent that the sporting event will not be held as indicated in the project proposal.

Denied projects shall have their reserved cap space allotted to other sporting events;

(C) The applicant and site selection organizations must be valid and fit within the appropriate definitions provided under 4 CSR 85-9.011;

(D) No site for a sporting event may have been chosen prior to December 1, 2012;

(E) Completed project proposals will be reviewed in the order received;

Projects will be given a reservation of tax credits in the order those projects complete their review;
In the event two (2) or more project proposals are received on the same day, and there is insufficient cap space available, a lottery will be used to determine the order of receipt;
Completed project proposals received prior to April 11, 2014 will also be reviewed in the order received, but no reservation of cap space will be made prior to April 11, 2014;

(F) No support contract will be certified unless the site selection organization has chosen to use a location in Missouri during a competitive bidding process in which at least one (1) competitive bid came from out of state; and (G) No project proposal will result in a reservation of tax credits after August 28, 2019.

(4) A project proposal must also demonstrate a positive economic impact in order for the project to be reserved tax credit.

(A) Demonstrate proof of a positive economic impact. Project proposals which include major regional, national, and international sports associations, amateur organizations, or major regional, national, and international organizations must provide data which will be analyzed by the department to find if the sporting event has a positive return of general revenue proceeds to the state in the same state fiscal year as the event. That analysis shall be performed by the department as a benefit cost analysis using data provided by the applicant in the project proposal; or (B) A presumption of a positive economic impact. The department will presume that the project generates a positive economic impact if the project proposal uses any of the following site selection organizations:

The National Collegiate Athletic Association (NCAA);
An NCAA member conference, university, or institution;
The National Association of Intercollegiate Athletics (NAIA);
The United States Olympic Committee (USOC);
A national governing body (NGB) or international federation of a sport recognized by the USOC;
The United States Golf Association (USGA);
The United States Tennis Association (USTA); or 8. The Amateur Softball Association of America (ASA).

6CODE OF STATE REGULATIONS

8CODE OF STATE REGULATIONS

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Original rule filed Feb. 7, 2014, effec-

4 CSR 85-9.035 Support Contract explain the requirements for a properly submitted support contract. {#sec-4-csr-85-9.035 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-9.035}

(1) The following will be included as part of the support contract submission:

(A) The Support Contract Submission Form, included herein; and (B) A final executed copy of the support contract.

(2) The department reserves the right to make reasonable request for additional documentation in order to approve or deny a Support Contract Submission Form.

(3) A project proposal must meet the following statutory criteria in order for the project to be approved for tax credits:

(A) There must be cap space available. If your project was given a reservation of tax credits at the project proposal stage, you will already have cap space allocated to your sporting event and department will review your support contract for statutory compliance;

(B) You can submit a project proposal along with a support contract submission;

(C) If the program cap has been reached, and your support contract submission would have been otherwise approved, your sporting event will be placed on administrative hold until the earlier of— 1. A date upon which there is cap space available due to other denials in the fiscal year covered by the application, at which point cap space will be reserved for the applicant; or 2. Until a date ninety (90) days following the end of the sporting event, at which point the project will be denied;

(D) A project will be denied, even if it had been previously approved, when it becomes apparent that the sporting event will not be held as indicated in the support contract.

Denied projects shall have their reserved cap space allotted to other sporting events;

(E) The applicant and site selection organizations must be valid and fit within the appropriate definitions provided under 4 CSR 85-9.011;

(F) No site for a sporting event may have been chosen prior to December 1, 2012, and no support contract will be approved after August 28, 2019; and (G) No support contract will be certified unless the site selection organization has chosen to use a location in Missouri during a competitive bidding process in which at least one (1) competitive bid came from out of state.

16CODE OF STATE REGULATIONS

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Original rule filed Feb. 7, 2014, effec-

4 CSR 85-9.041 Event Notification explain the requirements for an event notification. {#sec-4-csr-85-9.041 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-9.041}

(1) The following will be included as part of the event notification:

(A) The Event Notification Form, included herein; and (B) The schedule of prices for the sporting event.

(2) The event notification must be submitted to the department no earlier than thirty (30) days, and no more than sixty (60) days prior to the sporting event.

20CODE OF STATE REGULATIONS

22CODE OF STATE REGULATIONS

Original rule filed Feb. 7, 2014, effec-

4 CSR 85-9.051 Cost Certification explain the process for submitting and approval of a final application. {#sec-4-csr-85-9.051 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-9.051}

(1) The following will be included as part of the final application:

(A) The Final Application Form, included herein;

(B) The eligible cost listing, or listings; and (C) Documentation of qualified expenses.

(2) The department reserves the right to make reasonable requests for additional documentation.

(3) The Department of Economic Development (DED) will use the information submitted to determine the final amount of tax credits to be issued. Tax credits will be issued in an amount equal to the lesser of— (A) The one hundred percent (100%) of eligible costs incurred by the applicant; or (B) Five dollars ($5) in tax credits for each admissions ticket sold for the sporting event.

(4) The eligibility of each cost shall be determined based upon a review of the costs submitted by the applicant. For tax credits to be issued on an eligible cost, that eligible cost must— (A) Be supported by a valid proof of payment;

(B) Be supported by a valid invoice or itemized in a support contract; and (C) Be listed on an Eligible Cost Listing Form.

24CODE OF STATE REGULATIONS

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28CODE OF STATE REGULATIONS

30CODE OF STATE REGULATIONS

Original rule filed Feb. 7, 2014, effec- 32CODE OF STATE REGULATIONS

Chapter 11 Innovation Campus Tax Credits

4 CSR 85-11.010 Definitions {#sec-4-csr-85-11.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-11.010}

PURPOSE: This rule provides the definitions of words used in these rules.

(1) “Applicant” means an Innovation Campus applying for tax credits on behalf of a donor.

(2) “Donor” means a person or entity which makes an eligible donation (as that term is defined in the statute) to an Innovation Campus.

History

AUTHORITY: section 620.2600(6), RSMo Supp. 2014. Original rule filed June 10, 2015, effective Jan. 30, 2016. Original authority: 620.2600, RSMo 2014.

4 CSR 85-11.020 Valuations of Donations {#sec-4-csr-85-11.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 85-11.020}

PURPOSE: This rule defines what types of donations may be accepted and how the value of the donation is to be determined.

(1) Donations received by the applicant must be valued as follows:

(A) Cash (including checks, money orders, credit card payments, or similar cash equivalents) is valued at the face value of the currency. Currency of other nations should be valued based on the exchange rate on the date of the gift. The date of the donation is the date that cash or check is received by the applicant or the date or the date posted to the donor’s account in the case of credit or debit cards;

(B) Stocks must be from a publicly traded company and should be valued based on the price of the stock at the close of business on the day of donation. Stocks should be valued according to the closing price as listed in the New York Stock Exchange (NYSE). If the stock is not listed in the NYSE, than the value should be based on the published price in National Association of Securities Dealers Automated Quotations (NASDAQ). The date of donation will be the date the stock is transferred into the applicant’s brokerage account or the date that the certificate is delivered to the applicant;

(C) Bonds must be publicly traded and should be valued at the market rate. The date of donation will be the date the stock is transferred into the applicant’s brokerage account or the date that the certificate is delivered to the applicant; and (D) Real estate should be valued as close to the date of the gift as possible. Value may be determined by an appraisal or by averaging the estimated values provided by three (3) independent real estate agents. The date of the donation shall be the date of closing.

(2) When the applicant pays to the department fifty percent (50%) of the value of the donation, this transfer must be either check, cashier’s check, or electronic funds transfer.

No other forms of payment will be accepted.

JASONKANDER(12/31/15)

History

AUTHORITY: section 620.2600(6), RSMo Supp. 2014. Original rule filed June 10, 2015, effective Jan. 30, 2016. Original authority: 620.2600, RSMo 2014.

Division 130 State Environmental Improvement and Energy Resources Authority

Chapter 2 Applications for Notes or Bonds or Both (rescinded)

4 CSR 130-2.010 Definitions {#sec-4-csr-130-2.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 130-2.010}

(Rescinded June 11, 1990)

Original rule filed May 23, 1974, effective June 3, 1974. Amended: Filed Dec. 8, 1982, effective March 11, 1983. Emergency rescission filed Oct. 20, 1986, effective Oct. 30, 1986, expired Feb. 27, 1987. Emergency rescission filed April 27, 1987, effective May 7, 1987, expired Sept. 4, 1987. Rescinded:

Filed March 19, 1990, effective June 11, 1990.

History

AUTHORITY: section 260.035, RSMo 1986.

4 CSR 130-2.020 Applications {#sec-4-csr-130-2.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 130-2.020}

(Rescinded June 11, 1990)

Original rule filed May 23, 1974, effective June 3, 1974. Amended: Filed Jan. 11, 1980, effective April 11, 1980. Amended: Filed Dec. 8, 1982, effective March 11, 1983.

Emergency rescission filed Oct. 20, 1986, effective Oct. 30, 1986, expired Feb. 27, 1987. Emergency rescission filed April 27, 1987, effective May 7, 1987, expired Sept. 4, 1987. Rescinded: Filed March 19, 1990, effective June 11, 1990.

MATTBLUNT(7/31/01)

History

AUTHORITY: section 260.035, RSMo 1986.

Division 155 Office of Health Care Providers

Chapter 1 Certifying Entities (rescinded)

4 CSR 155-1.010 Certifying Entity— Respiratory Care Practitioners {#sec-4-csr-155-1.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 155-1.010}

(Rescinded July 30, 2000)

Original rule filed March 15, 1991, effective Aug. 30, 1991. Rescinded: Filed Jan. 28, 2000, effective July 30, 2000.

History

AUTHORITY: section 334.737, RSMo Supp.

4 CSR 155-1.020 Certifying Entity—All Occupational Therapists {#sec-4-csr-155-1.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 155-1.020}

(Rescinded July 30, 2000)

Rebecca McDowell Cook (6/30/00)

History

AUTHORITY: sections 334.737.2 and .4 and 334.740.3, RSMo Supp. 1990. Original rule filed March 15, 1991, effective Aug. 30, 1991. Rescinded: Filed Jan. 28, 2000, effective July 30, 2000.

Chapter 2 Applications (rescinded)

4 CSR 155-2.010 Application for Registration {#sec-4-csr-155-2.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 155-2.010}

(Rescinded June 30, 1999)

Rescinded: Filed Dec. 30, 1998, effective June 30, 1999.

Rebecca McDowell Cook (5/31/99)

History

AUTHORITY: section 334.738, RSMo Supp. 1989. Original rule filed March 15, 1991, effective Aug. 30, 1991. Emergency amendment filed July 30, 1992, effective Aug. 9, 1992, expired Dec. 6, 1992. Amended: Filed Jan. 14, 1994, effective July 30, 1994.

Chapter 3 Fees (rescinded)

4 CSR 155-3.010 Application, Registration, Renewal and Miscellaneous Fees {#sec-4-csr-155-3.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 155-3.010}

(Rescinded June 30, 1999)

Rescinded: Filed Dec. 30, 1998, effective June 30, 1999.

Rebecca McDowell Cook (5/31/99)

History

AUTHORITY: section 334.738, RSMo Supp. 1989. Original rule filed March 15, 1991, effective Aug. 30, 1991. Emergency amendment filed July 30, 1992, effective Aug. 9, 1992, expired Dec. 6, 1992. Amended: Filed Jan. 14, 1994, effective July 30, 1994.

Division 160 Council for Hearing Aid Dealers and Fitters

Chapter 1 General Organization and Description of Council (rescinded)

4 CSR 160-1.010 General Organization {#sec-4-csr-160-1.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 160-1.010}

(Rescinded July 30, 1999)

Refiled Jan. 2, 1976. Rescinded and readopted: Filed Feb. 9, 1982, effective May 13, 1982. Amended: Filed March 1, 1984, effective July 12, 1984. Amended: Filed May 26, 1988, effective Sept. 11, 1988. Amended:

Filed May 17, 1989, effective July 27, 1989.

Amended: Filed Aug. 3, 1992, effective April 8, 1993. Rescinded: Filed Jan. 15, 1999, effective July 30, 1999.

History

AUTHORITY: sections 346.115.1(8) and 536.023.3, RSMo 1986. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975.

4 CSR 160-1.020 Custodian of Public Records {#sec-4-csr-160-1.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 160-1.020}

(Rescinded July 30, 1999)

Filed Aug. 3, 1992, effective April 8, 1993.

Rescinded: Filed Jan. 15, 1999, effective July 30, 1999.

Rebecca McDowell Cook (6/30/99)*

History

AUTHORITY: sections 610.010–610.030, RSMo 1986. Original rule filed May 17, 1989, effective July 27, 1989. Amended:

Chapter 2 General Rules (rescinded)

4 CSR 160-2.010 Licensure by Examination {#sec-4-csr-160-2.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 160-2.010}

Filed March 1, 1984, effective July 12, 1984.

Amended: Filed Feb. 15, 1989, effective April 27, 1989. Amended: Filed May 17, 1989, effective July 27, 1989. Amended: Filed Aug. 3, 1992, effective April 8, 1993. Rescinded:

Filed Jan. 15, 1999, effective July 30, 1999.

History

AUTHORITY: section 346.115(2) and (8), RSMo 1986. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975. Refiled Jan. 2, 1976. Rescinded and readopted: Filed Feb. 9, 1982, effective May 13, 1982. Amended:

4 CSR 160-2.020 Advertisement {#sec-4-csr-160-2.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 160-2.020}

(Rescinded May 13, 1982) and 346.115.1(8), RSMo Supp. 1981. Original rule filed Jan. 13, 1975, effective Jan. 23, 1975. Amended: Filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed Oct. 1, 1977, effective Jan. 14, 1978. Refiled Jan. 2, 1976. Rescinded: Filed Feb. 9, 1982, effective May 13, 1982.

4 CSR 160-2.021 Professional Responsibility and 346.155(8), RSMo 1986. Original rule filed Feb. 9, 1982, effective May 13, 1982. {#sec-4-csr-160-2.021 omnilex-key=us-mo-regs-official--title-4--4 CSR 160-2.021}

Amended: Filed March 1, 1984, effective July 12, 1984. Amended: Filed July 23, 1986, effective Oct. 11, 1986. Amended: Filed May 17, 1989, effective July 27, 1989. Amended:

Filed Aug. 3, 1992, effective April 8, 1993.

Rescinded: Filed Jan. 15, 1999, effective July 30, 1999.

4 CSR 160-2.030 Temporary Permits {#sec-4-csr-160-2.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 160-2.030}

Refiled Jan. 2, 1976. Rescinded and readopted: Filed Feb. 9, 1982, effective May 13, 1982. Amended: Filed July 23, 1986, effective Oct. 11, 1986. Rescinded and readopted:

Filed May 26, 1988, effective Sept. 11, 1988.

Amended: Filed May 17, 1989, effective July 27, 1989. Amended: Filed Aug. 3, 1992, effective April 8, 1993. Rescinded: Filed Jan.

History

AUTHORITY: sections 346.075, 346.105.2(6) and 346.115(8), RSMo 1986. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975.

4 CSR 160-2.040 Annual License Renewal {#sec-4-csr-160-2.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 160-2.040}

Refiled: Jan. 2, 1976. Rescinded and readopted: Filed Feb. 9, 1982, effective May 13, 1982. Amended: Filed June 3, 1982, effective Sept. 11, 1982. Amended: Filed March 1, 1984, effective July 12, 1984. Amended:

Filed July 23, 1986, effective Oct. 11, 1986.

Amended: Filed May 17, 1989, effective July 27, 1989. Amended: Filed Aug. 3, 1992, effective April 8, 1993. Rescinded: Filed Jan.

History

AUTHORITY: sections 346.095 and 346.115(8), RSMo 1986. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975.

4 CSR 160-2.045 Maintenance of Nonpracticing Status {#sec-4-csr-160-2.045 omnilex-key=us-mo-regs-official--title-4--4 CSR 160-2.045}

Rescinded: Filed Jan. 15, 1999, effective July 30, 1999.

History

AUTHORITY: sections 346.095 and 346.115.1(8), RSMo 1986. Original rule filed March 1, 1984, effective July 12, 1984.

4 CSR 160-2.050 Medical Referral Criteria {#sec-4-csr-160-2.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 160-2.050}

Filed March 1, 1984, effective July 12, 1984.

Rescinded: Filed Jan. 15, 1999, effective July 30, 1999.

History

AUTHORITY: section 346.115.1(8), RSMo 1986. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975. Refiled: Jan. 2, 1976. Rescinded and readopted: Filed April 4, 1978, effective Aug. 11, 1978. Amended:

4 CSR 160-2.060 Interpretation Grounds for Suspension or Revocation of a License {#sec-4-csr-160-2.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 160-2.060}

(Rescinded May 13, 1982) and 346.115.1(8), RSMo Supp. 1981. Original rule filed March 7, 1980, effective June 12, 1980. Amended: Filed Oct. 15, 1980, effective Jan. 12, 1981. Rescinded: Filed Feb. 9, 1982, effective May 13, 1982.

4 CSR 160-2.061 Public Complaint Handling and Disposition Procedure {#sec-4-csr-160-2.061 omnilex-key=us-mo-regs-official--title-4--4 CSR 160-2.061}

Original rule filed Feb. 9, 1982, effective May 13, 1982. Amended: Filed March 1, 1984, effective July 12, 1984. Amended:

Filed May 17, 1989, effective July 27, 1989.

Amended: Filed Aug. 3, 1992, effective April 8, 1993. Rescinded: Filed Jan. 15, 1999, effective July 30, 1999.

History

AUTHORITY: sections 346.115(8), RSMo 1986 and 620.010.15(6), RSMo Supp. 1990.

4 CSR 160-2.071 Fees {#sec-4-csr-160-2.071 omnilex-key=us-mo-regs-official--title-4--4 CSR 160-2.071}

Amended: Filed May 26, 1988, effective Sept. 11, 1988. Amended: Filed May 17, 1989, effective July 27, 1989. Rescinded: Filed Jan.

Rebecca McDowell Cook (6/30/99)

History

AUTHORITY: sections 346.115 and 610.010— 610.030, RSMo 1986. Emergency rule filed March 24, 1982, effective April 3, 1982, expired Aug. 1, 1982. Original rule filed March 24, 1982, effective July 11, 1982.

Division 170 Missouri Housing Development Commission

Chapter 1 General Organization

4 CSR 170-1.010 Organization and Activities {#sec-4-csr-170-1.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-1.010}

(Rescinded August 30, 2010)

(19), RSMo 1986. Original rule filed Dec. 22, 1975, effective Jan. 1, 1976. Amended:

Filed Dec. 16, 1985, effective March 24, 1986. Amended: Filed Dec. 30, 1987, effective March 25, 1988. Rescinded: Filed Feb.

Op. Atty. Gen. No. 114, Salsich, 4-4-73. The Missouri Housing Development Commission,

section 215.010, RSMo (1969), has the

Op. Atty. Gen. No. 319, Salsich, 7-14-71.

The Missouri Housing Development Commission is not disabled from retaining as “managing underwriter” in the marketing of its bonds or notes a firm engaged in the underwriting and investment banking business, which has served as the commission’s financial adviser in the past and which proposes to render further services as financial adviser, without additional compensation, if selected as managing underwriter.

Op. Atty. Gen. No. 140, Salsich, 7-6-71.

Chapter 215, RSMo (1969) establishes the Missouri Housing Development Commission for a valid public purpose, that is, facilitating the provision of housing for persons and families of low and moderate income who are unable to obtain adequate housing through ordinary commercial means and that such legislation does not contravene any provision of the Missouri Constitution.

History

authority to make first mortgage loans for the construction of nonprofit facilities which will provide nursing home residential services for persons of low and moderate income who live on a permanent basis in such homes.

4 CSR 170-1.100 Definitions {#sec-4-csr-170-1.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-1.100}

PURPOSE: This rule defines terms used in 4 CSR 170-1 through 4 CSR 170-8.

(1) Definitions.

(A) The following words and terms are used with specific intent throughout 4 CSR 170-1 through 4 CSR 170-8 and are defined herein for clarity of meaning. As used in these rules, the following words and terms shall have the meaning described below. Furthermore, the definitions pertaining to the commission in the Missouri Revised Statutes are incorporated into 4 CSR 170-1 through 4 CSR 170-8 by reference. In the event there is a conflict between the definitions set forth in the Missouri Revised Statutesand the definitions set forth in 4 CSR 170-1 through 4 CSR 170-8, the definitions set forth in 4 CSR 170- 1 through 4 CSR 170-8 shall prevail.

(B) The following terms shall bear the meaning described below:

AHAP—The Affordable Housing Assistance Program is the tax credit program designed to provide affordable housing to very low income persons who would not otherwise be adequately housed under sections 32.105, 32.111, and 32.112, RSMo;
Commission—The Missouri Housing Development Commission which is a governmental instrumentality of the state of Missouri and constitutes a body corporate and politic created by Chapter 215, RSMo, and supplemented in Appendix B-1 to the Missouri Omnibus Reorganization Act of 1974;
Custodian of records—The commission employee designated as the individual responsible for the maintenance of the commission’s records pursuant to section 610.023, RSMo;
DED—The Missouri Department of Economic Development;
Development—Any single family or apartment (multi-family) housing project having common ownership which benefits from commission-administered resources in whole or in part;
Director—The executive director of the commission;
Federal LIHTC—The Low Income Housing Tax Credit Program implemented by the United States of America as codified in 26 U.S.C.A. 42;
General counsel—The chief lawyer of the commission;
KC Office—The commission office in the city of Kansas City, Missouri, which may relocate from time-to-time;
MHTF—The Missouri Housing Trust Fund as codified in sections 215.034–215.039, RSMo;
MO LIHTC—The Missouri Low Income Housing Tax Credit Program as codified at sections 135.350–135.363, RSMo, and sections 135.800–135.830, RSMo;
State Housing Act—sections 215.010–215.250, RSMo; and 13. Sunshine Law—The state of Missouri open records law as codified at sections 610.010–610.225, RSMo.

(19), RSMo 2000.* Original rule filed Feb. *Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.

4 CSR 170-1.200 Organization and Activities {#sec-4-csr-170-1.200 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-1.200}

PURPOSE: This rule describes the programs, funding, and organization of the Missouri Housing Development Commission in order to inform the public of what the commission is and what it does.

(1) The Missouri Housing Development Commission (commission) is an instrumentality of the state of Missouri which constitutes a body corporate and politic and was created by an act of the Missouri legislature in 1969 to increase the supply of decent, safe, and affordable housing for low- and moderate-income Missourians.

(2) The commission has a statutorily prescribed board. The board consists of ten (10) commissioners; four (4) of which are Missouri statewide elected officials (the governor, lieutenant governor, treasurer, and attorney general) and the remaining six (6) commissioners are gubernatorial appointees.

Gubernatorial appointees are subject to the advice and consent of the Missouri senate.

Appointed commissioners serve a four (4)year term and can be reappointed. The appointed commissioners’ terms are staggered in such a manner that in three (3) of every four (4) years there will be two (2) commissioner positions which are due for appointment or reappointment.

(3) The commission is independent, not controlled in whole or in part by any agency or instrumentality of the state of Missouri. The commission maintains Bylaws, Standards of Conduct, and corporate resolutions, all which may be amended from time-to-time by an act of the commission pursuant to section 215.020(3), RSMo. The commission is contractually related to the Department of Economic Development (DED) pursuant to

Appendix B(1), RSMo 2000. The commission and DED entered into this formal contractual agreement in 1982. In 1996, the commission and DED entered into a memorandum of understanding which details how the commission will perform services for DED relating to tax-exempt bond financed multi-family housing transactions.

ROBINCARNAHAN(7/31/10)

(4) Administrative costs for the commission’s staff and operations are paid entirely from fees charged to commission borrowers, earn ings derived from investments and other fees and charges. The commission pays its employees directly and not from funds derived from the Missouri general fund. The commission receives no tax revenue or other payments from the state and its ability to carry on its programs depends upon the willingness of private investors to buy commission notes and bonds and upon the earnings of the commission’s investment of fund balances. It should be noted that the commission does administer the Missouri Housing Trust Fund (MHTF) for the state of Missouri. The MHTF does receive a direct appropriation from the state of Missouri annually in direct correlation with a statutorily prescribed fee collected by the Missouri recorders of deeds on applicable recorded documents. The commission is entitled under statute to a two percent (2%) fee for administration of the MHTF, which may be amended from time-totime.

(5) The commission shall receive service of process by the director or general counsel at the Kansas City office location.

(6) All Sunshine Law requests shall be made to the commission’s custodian of records who shall be located in the commission’s KC office. Individuals who contact the commission’s KC office for the name and contact information of the currently designated commission custodian of records shall be provided the information upon request. The commission staff shall maintain a designated custodian of records as required under the Sunshine Law. The custodian of records shall be appointed by the director.

(7) The commission shall maintain a website which displays office locations and the name and contact information for the custodian of records.

(8) The commission has a corporate structure which includes the director who oversees five (5) divisions. The roles and responsibilities of the divisions are subject to the direction of the director. The five (5) divisions of the commission are as follows:

(A) Operations Division—The division which is responsible for the day-to-day general business operations of the commission;

(B) Finance Division—The division which is responsible for the commission’s finance and accounting functions;

(C) Office of General Counsel—The division which is charged with oversight of all legal matters of the commission. The general counsel does from time-to-time engage outside counsel. The commission does maintain third-party bond counsel;

(D) Rental Production—The division charged with oversight of the production of rental housing for the commission; and (E) Asset Management—The division charged with compliance monitoring and asset management of the commission’s rental housing portfolio. Furthermore, this division is responsible for the administration of all rental housing related contracts the commission may enter into from time-to-time.

(9) The commission administers the following federal and state housing programs:

(A) The federal housing programs the commission administers or participates in include, but are not limited to, the following:

HOME Investment Partnership Program;
Federal Low Income Housing Tax Credit (LIHTC);
Multi-family tax-exempt bond program section;
Single-family tax-exempt bond program section;
Housing and Urban Development (HUD) production programs, including but not limited to— A. Risk-Sharing (24 CFR 542(c));

B. Section 8;

C. 24 CFR 221 programs; and D. Home Ownership Purchase Enhancement (HOPE) VI;

Project-based section 8 contract administration;
Section 236 project monitoring;
Rural Initiative;
Missouri Balance of State Continuum of Care; and 10. Resolution Trust Corporation/Federal Deposit Insurance Corporation (RTC/FDIC) project monitoring;

(B) State of Missouri programs the commission administers include, but are not limited to, the following:

Missouri Low Income Housing Tax Credit (MO LIHTC)—the commission is not compensated for administrating this program by the state of Missouri;
Missouri Affordable Housing Assistance Program (AHAP)—the commission is not compensated for administrating this program by the state of Missouri; and 3. MHTF—the commission is entitled to a two percent (2%) fee to pay for the administration of this program as prescribed by state statute; and (C) Commission programs— 1. Fund Balance Programs; and 2. Single-family mortgage down payment assistance programs.

(10) The commission maintains the following standing committees.

(A) Audit committee—The audit committee is a subcommittee of the commission and operates under a commission-passed charter, which may be amended from time-to-time.

(B) Asset management committee—The asset management committee is a subcommittee of the commission charged with review of the commission’s rental housing portfolio as well as all other performance issues relating to any individual or entity of any kind which is involved in any way with any commissionadministered program or resources. This committee shall be approved by a vote of the commission at the annual meeting of the commission (as defined in the Missouri Housing Development Commission (MHDC) bylaws). There shall be three (3) members on the asset management committee. A quorum of the committee is two (2) members. In the event the number of commissioners assigned to the asset management committee falls below three (3), the commission chairman shall appoint current commissioners to fill the then existing vacancy(ies) on the asset management committee. The scope of the committee responsibilities shall be determined by the commission from time-to-time.

This committee shall be the commission subcommittee as described in 4 CSR 170- 8.010(1)(F).

(C) Nominating committee—The nominating committee shall meet no less than annually to nominate a slate of commission officers for consideration by the full commission.

(11) The commission is authorized to issue tax-exempt and taxable notes and bonds and does so in conjunction with both single-family and multi-family housing programs.

(12) Information regarding the commission, its programs, and the programs it administers on behalf of the federal and state government is available by visiting www.mhdc.com or contacting the commission’s KC office.

(19), RSMo 2000.* Original rule filed Feb. *Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.

4CODE OF STATE REGULATIONS

(7/31/10) ROBINCARNAHAN

Chapter 2 Income Limitations

4 CSR 170-2.010 Adjusted Gross Income {#sec-4-csr-170-2.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-2.010}

(Rescinded January 30, 2011)

Original rule filed June 22, 1971, effective July 2, 1971. Amended: Filed Sept. 29, 1971, effective Oct. 9, 1971. Amended:

Filed Jan. 9, 1973, effective Jan. 19, 1973.

Amended: Filed April 6, 1974, effective April 16, 1974. Amended: Filed April 9, 1975, effective April 19, 1975. Amended: Filed Dec. 22, 1975, effective Jan. 1, 1976. Emergency amendment filed Aug. 25, 1976, effective Sept. 4, 1976, expired Jan. 8, 1977.

Amended: Filed Aug. 27, 1976, effective Dec. 11, 1976. Amended: Filed Oct. 5, 1977, effective Feb. 11, 1978. Amended: Filed Aug. 16, 1978, effective Dec. 11, 1978. Emergency amendment filed Jan. 31, 1979, effective Feb. 10, 1979, expired June 11, 1979. Amended: Filed Jan. 31, 1979, effective June 11, 1979. Amended: Filed May 30, 1980, effective Sept. 11, 1980. Emergency amendment filed July 23, 1980, effective Aug. 2, 1980, expired Nov. 28, 1980. Emergency amendment filed Jan. 29, 1982, effective Feb. 11, 1982, expired June 17, 1982. Amended: Filed Jan. 29, 1982, effective June 7, 1982. Emergency amendment filed Feb. 9, 1983, effective Feb. 19, 1983, expired May 11, 1983.

Amended: Filed Feb. 9, 1983, effective May 11, 1983. Amended: Filed Dec. 30, 1983, effective April 12, 1984. Amended: Filed Dec. 16, 1985, effective March 24, 1986.

Amended: Filed Nov. 25, 1986, effective March 26, 1987. Emergency amendment filed March 23, 1987, effective April 2, 1987, expired July 20, 1987. Amended: Filed May 13, 1987, effective July 23, 1987. Emergency amendment filed April 22, 1992, effective May 2, 1992, expired Aug. 29, 1992. Emergency amendment filed Aug. 17, 1992, effective Aug. 29, 1992, expired Dec. 26, 1992.

Amended: Filed April 27, 1992, effective Dec. 3, 1992. Rescinded: Filed May 24, 2010, effective Jan. 30, 2011.

History

AUTHORITY: Chapter 215 and section 215.030(5), (12), and (19), RSMo Supp.

4 CSR 170-2.100 Income Limitations {#sec-4-csr-170-2.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-2.100}

PURPOSE: This rule prescribes the income limitations for persons and families wishing to rent or purchase housing financed by or through the Missouri Housing Development Commission.

(1) Except as provided in this section, all term(s) used in 4 CSR 170-2.100 shall bear the same meaning as the defined term(s) described in 4 CSR 170-1.100 and the state housing act.

(2) Housing units, whether multi-family or single family, shall be subject to a maximum income limit for families and individuals set at one hundred fifty percent (150%) of applicable median family income for the area in which the housing unit is located. “Applicable median family income” shall have the same meaning as set forth in Section 143 of theInternal Revenue Code of 1986.

(3) Housing units receiving federal and state resources, including tax-exempt bond authority, are subject to the income limits, certifications, procedures, occupancy standards, and other applicable requirements of federal and state laws and rules.

(4) Income Information and Verification.

(A) The approved mortgagor (as such term is defined in section 215.010(1), RSMo, and 4 CSR 170-3.100), or originating lender in the case of a single-family loan, shall have the responsibility of determining the income and eligibility of applicants for housing units on which the Missouri Housing Development Commission (commission) provides financing. The approved mortgagor, or originating lender in the case of a single-family loan, shall provide the commission staff with verification of income as may be requested by the commission staff in conjunction with loan origination and closing.

(B) After initial occupancy, the rental occupant shall be responsible for reporting changes in his/her total annual income and family composition and for providing the approved mortgagor and the commission with an updated verification of income, as the commission staff may request.

(C) If a rental occupant shall fail, refuse, or neglect to furnish complete income information or family composition or to cooperate in the verification of this information, the commission staff may serve upon the occupant, by registered or certified mail or in person, a statement of the information desired and a demand that the information be furnished within a specified period of time not less than seven (7) days. If an occupant so notified shall then fail to furnish the information requested, the approved mortgagor may increase the rental rate on the unit so occupied up to the maximum surcharge as prescribed in the schedule approved by the commission staff for each development.

ROBINCARNAHAN(12/31/10)

History

AUTHORITY: section 215.030(5), (12), and (19), RSMo 2000. Original rule filed May 24, 2010, effective Jan. 30, 2011. Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.

Chapter 3 Requirements for Qualification as an Approved Mortgagor of Multi-Family Rental Housing

4 CSR 170-3.010 Approved Mortgagor {#sec-4-csr-170-3.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-3.010}

(Rescinded January 30, 2011)

Amended: Filed Dec. 22, 1975, effective Jan. 1, 1976. Amended: Filed Feb. 5, 1982, effective June 7, 1982. Amended: Filed Dec. 16, 1985, effective March 24, 1986. Amended:

Filed Dec. 30, 1987, effective March 25, 1988. Rescinded: Filed May 24, 2010, effective Jan. 30, 2011.

History

AUTHORITY: Chapter 215 and sections 215.010(1), (6), and (9), 215.030(12) and (19), and 215.090, RSMo 1986. Original rule filed Nov. 18, 1971, effective Nov. 28, 1971.

4 CSR 170-3.100 Definitions {#sec-4-csr-170-3.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-3.100}

PURPOSE: This rule defines the terms used in this chapter.

(1) As used in this chapter, all terms not otherwise defined herein shall have the meanings set forth in the state housing act and/or in 4 CSR 170-1.100. For purposes of this chapter, the following terms shall have the following meanings:

(A) Approved mortgagor. Any individual or entity falling within the definition of approved mortgagor set forth in section 215.010(1), RSMo (as the same may be amended from time-to-time), and further meeting the qualifications set forth in this

chapter;

(B) Limited dividend corporation. Any corporation falling within the definition of limited dividend corporation set forth in section 215.010(6), RSMo (as the same may be amended from time-to-time), and further meeting the qualifications set forth in this

chapter;

(C) Nonprofit corporation. Any corporation falling within the definition of nonprofit corporation set forth in section 215.010(9), RSMo (as the same may be amended from time-to-time), and further meeting the qualifications set forth in this chapter; and (D) Partnership. Any general partnership, as well as any non-incorporated legal entity, formed under the laws of the state of Missouri.

History

AUTHORITY: section 215.030(5), (12), and (19), RSMo 2000. Original rule filed May 24, 2010, effective Jan. 30, 2011. Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.

4 CSR 170-3.200 Approved Mortgagor {#sec-4-csr-170-3.200 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-3.200}

PURPOSE: This rule is intended to carry out the provisions of section 215.010(1), (6), and (9), RSMo, which defines the terms approved mortgagor, limited dividend corporation, and nonprofit corporation.

(1) In order for an entity to qualify as an approved mortgagor under section 215.010, RSMo, it must be in compliance with all applicable laws of the state of Missouri and must also meet the following requirements:

(A) The entity must be acting or formed primarily for the purpose of providing residential housing at low and moderate rentals for low- and moderate-income families under regulations and standards adopted by the Missouri Housing Development Commission (commission); and (B) The entity must be regulated as to rents, sales, charges, capital structure, rate of return, and methods of operation in the form and manner as the commission deems necessary to effectuate the purposes of the state housing act and these regulations. If, however, the commission holds only a participation interest in a mortgage loan originated by another lender, the entity to which such loan was made may be, at the discretion of the commission, but is not required to be, regulated as to one (1) or more of rents, sales charges, capital structure, rate of return, and/or methods of operation, in the form and manner as the commission deems necessary to effectuate the purposes of the state housing act and these regulations.

(2) In addition to the requirements set forth in

section (1) of this rule, for a nonprofit corporation to qualify as an approved mortgagor, it must be incorporated pursuant to provisions of the general not-for-profit corporation law of the state of Missouri or be a pro forma decree corporation, it must be organized for purposes other than the making of profit or gain for itself or persons identified with it, and it must document to the commission that it is neither controlled by nor under the direction of persons or firms seeking to derive profit or gain from the development.

(3) In addition to the requirements set forth in

section (1) of this rule, for a limited dividend corporation to qualify as an approved mortgagor, it shall be incorporated pursuant to the provisions of the general corporation law of Missouri and limited as to its dividends and earnings pursuant to section 215.090, RSMo.

(4) In addition to the requirements set forth in

section (1) of this rule, for any partnership or corporation to qualify as an approved mortgagor pursuant to section 215.010(1)(d), RSMo, it shall be organized under the applicable laws of the state of Missouri, shall be established as a single purpose, single asset entity, and shall be limited as to distributions of earnings and income pursuant to section 215.090, RSMo.

ROBINCARNAHAN(12/31/10) of Multi-Family Rental Housing4 CSR 170-3

History

AUTHORITY: section 215.030(5), (12), and (19), RSMo 2000. Original rule filed May 24, 2010, effective Jan. 30, 2011. Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.

Chapter 4 Supervision of Mortgagors

4 CSR 170-4.010 Financial Reports and Limitations on Earnings {#sec-4-csr-170-4.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-4.010}

(Rescinded January 30, 2011)

Filed Oct. 1, 1973, effective Oct. 11, 1973.

Amended: Filed Dec. 22, 1975, effective Jan. 1, 1976. Amended: Filed Dec. 16, 1985, effective March 24, 1986. Amended: Filed Dec. 30, 1987, effective March 25, 1988.

Amended: Filed Dec. 30, 1987, effective March 25, 1988. Amended: Filed Feb. 5, 1993, effective July 8, 1993. Rescinded: Filed May 24, 2010, effective Jan. 30, 2011.

History

AUTHORITY: sections 215.030(12) and (19) and 215.090, RSMo Supp. 1989 and section 215.220, RSMo 1986. Original rule filed Nov. 18, 1971, effective Nov. 28, 1971. Amended:

4 CSR 170-4.100 Definitions {#sec-4-csr-170-4.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-4.100}

PURPOSE: This rule defines the terms used in this chapter.

(A) Approved mortgagor. Any individual or entity noted in section 215.010(1), RSMo (as the same may be amended from time-totime), and further meeting the qualifications set forth in 4 CSR 170-3;

(B) HUD. The U.S. Department of Housing and Urban Development;

(C) Mortgage(s). The mortgage loan made to an approved mortgagor by the Missouri Housing Development Commission (commission), as well as all other mortgage loans an approved mortgagor has received in relation to its development and which the commission has approved;

(D) Partnership. Any general partnership, as well as any non-incorporated legal entity, formed under the laws of the state of Missouri;

(E) Regulatory agreement or land use restriction agreement. Any agreement(s) which the commission shall require to be executed and recorded on a property for which the commission has provided a mortgage as a condition of providing such mortgage and which restricts the use and transfer of a property for which the mortgage is provided; and (F) Surplus cash. The equivalent of the amount calculated utilizing the formula set forth in 4 CSR 170-4.200(4).

4 CSR 170-4.200 Rules and Limitations on Earnings, Dividends, and Other Distributions by Approved Mortgagors {#sec-4-csr-170-4.200 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-4.200}

PURPOSE: This rule provides regulatory control by the Missouri Housing Development Commission (commission) over approved mortgagors. It restricts the distribution of earnings and dividends on housing developments financed in whole or in part by the commission to a maximum of eight percent (8%) per year of the equity in the development, subject to the discretion of the commission, and prohibits any distributions except out of surplus cash, as defined in this rule.

(1) Net earnings, dividends, or other distributions, as defined in the state housing act, these regulations, or in the Missouri Housing Development Commission (commission) regulatory agreement, may be declared or made only as of or after the end of an annual, semiannual, or quarterly fiscal period.

(2) The amount of any allowable net earnings, distributions, or disbursements from surplus cash of the development shall not exceed, in any one (1) fiscal year, eight percent (8%) per annum of the equity in a development.

(3) The equity in a development shall consist of the difference between the mortgage(s) as reduced by the payment(s) to principal and development costs. With respect to every development, the commission shall establish equity at the time of cost certification, as approved and determined by the commission on all residential housing developments originated and funded under the regulations and standards of the state housing act. Equity may be increased with the written approval of the commission in the event of improvements to the development deemed essential. The commission’s determination of equity should not be identified with the U.S. Department of Housing and Urban Development (HUD) determination of equity.

(4) No net earnings, dividends, distributions, or other disbursements of any kind whatsoever shall be declared or made except out of surplus cash. Surplus cash shall be the amount of funds available and remaining after— (A) The payment of development expenses which may include:

All sums due or required to be paid under the terms of any deed of trust note or regulatory agreement;
All amounts required to be deposited in any reserve accounts required or otherwise approved by the commission, including, but not limited to, the reserve fund for replacements; and 3. All obligations of the development (other than the deed of trust held by the commission) including, but not by limitation of, all costs and expenses of maintenance and operation, and all amounts paid for taxes, assessments, insurance premiums, and other similar charges, unless funds for payment are set aside, or deferment of payment has been approved by the commission; and (B) The segregation of— 1. An amount equal to the aggregate of all reserves required or otherwise approved by the commission and/or any other special funds required to be maintained by the development; and 2. All tenants’ security deposits held.

(5) The right to any allowable net earnings, distributions, or disbursements from surplus cash shall be cumulative. Surplus cash shall be segregated into a separate residual receipts account which the commission may require be held jointly by the development and the commission. No disbursements may be made from this account for any purpose other than approved development expenses and permitted distributions of dividends, and no such distributions shall occur without the commission’s consent.

(6) No distribution of any kind may be made from borrowed funds. The development shall not borrow any funds for any purposes without prior written approval of the commission.

4 CSR 170-4.300 Financial Reporting and Compliance Requirements for Approved Mortgagors {#sec-4-csr-170-4.300 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-4.300}

PURPOSE: This rule provides regulatory control by the Missouri Housing Development ROBINCARNAHAN(12/31/10)

Commission (commission) over approved mortgagors. It requires approved mortgagors to furnish reports and financial information, allows the commission to perform on-site inspections of developments, and restricts the ability of approved mortgagors to change rents or ownership without the consent of the commission.

(1) All developments financed in whole or in

part by the Missouri Housing Development Commission (commission) must remain available to low- and moderate-income persons at the lowest possible costs throughout the life of the loan, or until such later time as the commission may require. To help insure the achievement of these goals, for all developments financed by the commission, the following procedures shall be established to monitor compliance with the requirements of the state housing act, these regulations, and the requirements of any regulatory agreement or land use restriction agreement governing the use of the development:

(A) Within ninety (90) days following the end of each fiscal year, all approved mortgagors operating developments consisting of twenty-four (24) or more units shall furnish the commission with a complete annual financial report based upon an examination of the books and records of the development prepared in accordance with the requirements of the commission by a certified public accountant or other person acceptable to the commission and certified by an authorized agent of the mortgagor. For any development containing less than twenty-four (24) units, the commission may, where deemed appropriate to protect the interests of the state of Missouri, require approved mortgagors of such developments to provide the commission with similar annual financial reports;

(B) The staff of the commission shall perform an annual performance audit of each development unless other applicable federal or state laws or regulations require more restrictive audit rules, in which case the more restrictive rules shall dictate the frequency with which audits are performed. Notwithstanding the previous sentence, the commission staff may, in the absence of more restrictive federal or state laws or regulations, perform such audits less frequently than once per year for developments meeting such criteria as the commission staff may establish from time-to-time;

(C) The staff of the commission shall perform an annual on-site inspection of each development unless other applicable federal or state laws or regulations require more restrictive inspection rules, in which case the more restrictive rules shall dictate the frequency with which inspections are performed. Notwithstanding the previous sentence, the commission staff may, in the absence of more restrictive federal or state laws or regulations, perform such on-site inspections less frequently than once per year for developments meeting such criteria as the commission staff may establish from time-totime;

(D) The approved mortgagor for each development shall, on an annual basis, provide the commission staff with a verification of income of each of the tenants in its development. This requirement shall apply to all tenants, regardless of whether they occupy a market rate unit or a unit for which reduced affordable housing rents are being charged.

For developments not receiving financing from the commission, the only initial verification of income for each tenant will be required unless any other federal or state laws applicable to the development shall require more frequent income verification of tenants, in which case the more restrictive requirements shall prevail; and (E) Upon the request of the commission, its agents, employees, or attorneys, approved mortgagors shall submit monthly occupancy reports to the commission staff, as well as give specific answers to questions upon which information is desired from time-totime relative to the operation and condition of any development.

(2) No rents or charges to tenants in any development financed by the commission shall be increased without the prior written approval of the commission staff.

(3) Transfer of Ownership. The basic documents of the commission severely restrict the transfer of legal or beneficial interest in any development, and no such transfer may occur without the prior written consent of the commission. No monies paid for either the legal or beneficial interest of a development financed by the commission shall be deemed to increase the equity for the purposes of determining allowable distribution of dividends, except for those funds approved as development costs.

(A) Any intent to utilize secondary financing secured by the development shall be specifically identified.

(B) The consent of the U.S. Department of Housing and Urban Development (HUD) shall not be deemed adequate for commission approval of transfer of ownership.

(4) The approved mortgagor shall provide the commission with the following information:

(A) In the case of an individual approved mortgagor, the name and address of the mortgagor;

(B) In the case of an approved mortgagor that is a partnership, the names and addresses of all persons or entities having an ownership interest in the partnership; and (C) In the case of an approved mortgagor that is a corporation, the names and addresses of the officers, directors, and shareholders and any amendments or substitutions which may occur from time-to-time in the organization of the approved mortgagor.

(5) Until the later of i) the repayment of the commission’s loan on the development, ii) the expiration of any applicable compliance period set forth in the commission’s loan documents, or iii) any longer period otherwise prescribed by the commission, an approved mortgagor shall notify the commission regarding any of the following changes:

(A) Any change in the approved mortgagor’s address;

(B) Any change in the management agent managing the development;

(C) Any amendments or substitutions in the organization of the approved mortgagor (which notice shall also be provided to the management agent of the development); and (D) Any other events for which notice may be required under the commission’s loan documents.

4CODE OF STATE REGULATIONS

(12/31/10) ROBINCARNAHAN

Chapter 5 Affordable Housing Assistance Program

4 CSR 170-5.010 Definitions 1989. Original rule filed Dec. 4, 1990, effec- {#sec-4-csr-170-5.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-5.010}

4 CSR 170-5.020 Preparation of Application 1989. Original rule filed Dec. 4, 1990, effecexpired Sept 26, 1992. Emergency amend- {#sec-4-csr-170-5.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-5.020}

4 CSR 170-5.030 Application and Notification Process 1989. Original rule filed Dec. 4, 1990, effec- {#sec-4-csr-170-5.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-5.030}

4 CSR 170-5.040 Issuance of the Tax Credit 1989. Original rule filed Dec. 4, 1990, effective June 10, 1991. Amended: Filed Dec. 3, 1991, effective April 9, 1992. Rescinded: {#sec-4-csr-170-5.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-5.040}

Filed May 24, 2010, effective Jan. 30, 2011.

4 CSR 170-5.050 Compliance Requirements 1989. Original rule filed Dec. 4, 1990, effec- {#sec-4-csr-170-5.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-5.050}

4 CSR 170-5.100 Introduction {#sec-4-csr-170-5.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-5.100}

PURPOSE: This rule establishes guidelines to assist eligible donors and eligible agencies in the implementation of the Affordable Housing Assistance Program (AHAP).

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) All term(s) used in 4 CSR 170-5 shall bear the same meaning as the defined term(s) described herein and in 4 CSR 170-1.100, the state housing act, and, as applicable, in sections 135.350–135.363, RSMo.

(2) The Missouri Housing Development Commission (commission), as an instrument of the state of Missouri, shall administer the (AHAP), subject to the requirements of state of Missouri law and any regulations promulgated pursuant to state of Missouri law. The commission staff shall provide the application forms to eligible agencies seeking to provide affordable housing and to take advantage of the tax credits issued under this program.

Said applications may be obtained at the commission’s website or by contacting the commission directly.

(3) As used in the implementation of the AHAP, the following terms shall mean:

(A) Adjusted gross income. An amount equal to adjusted income as such amount is defined under Title 24, Code of Federal Regulations, Part 5, published annually in January, herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov. This rule does not incorporate any subsequent amendments or additions;

(B) Affordable Housing Assistance Programs (AHAP). Those programs designed to provide affordable housing to very lowincome persons who would not otherwise be adequately housed;

(C) Affordable housing assistance activities. Includes money, real or personal property, or professional services expended or devoted or contributed through an eligible agency which is providing affordable housing units— 1. Through the use, construction, or rehabilitation of those units; or 2. To eligible occupants through an affordable housing rent subsidy program approved by the commission staff, all in accordance with the criteria established in subsection (3)(C) herein, with the exception of fees to administer rent subsidy programs, which shall not be paid from eligible donations;

(D) Affordable housing rent subsidy. Eligible donation funds that may be set aside to provide to low-income residents a monthly rental assistance. They may not be used for households already receiving rental assistance through other resident assistance programs;

(E) Affordable housing unit. For the purposes of AHAP, means a residential unit generally occupied by persons and families with incomes at or below the levels described in this rule and charging a gross rental rate or bearing a cost to the occupant no greater than thirty percent (30%) of the maximum eligible household income for the affordable housing unit. In the case of owner-occupied units, the cost to the occupant shall be considered the amount of the gross monthly mortgage payment, including casualty insurance, mortgage insurance, and taxes. Gross rent includes the cost of any customary utilities, other than telephone, as approved by the commission staff. If any utilities are paid directly by the occupant, the maximum rent that may be paid by the occupant is to be reduced by a utility allowance prescribed by the commission staff;

(F) AHAP land use restriction agreement (AHAP LURA). An agreement between the commission and the approved mortgagor which shall be prepared by the commission staff, executed by the applicable parties, and shall restrict the use of the property during the compliance period;

(G) AHAP tax credit. A one (1)-time credit that may be allocated to an eligible donor for up to fifty-five percent (55%) of the total value of the eligible donation;

(H) Application. A written submission of a request for production credits and/or operating assistance credits by an eligible agency which is providing affordable housing units through affordable housing assistance activities, including use, construction, rehabilitation, or grant of affordable housing rent subsidies to eligible occupants in a manner consistent with the AHAP requirements;

(I) Chief elected official. That official elected to the highest governing position in the local jurisdiction in which the development is located;

(J) Compliance period. The AHAP LURA shall restrict the use of the property receiving the benefit of production credits for a period of ten (10) years or for such other period as may be set forth below— 1. For properties that have existing residents, the AHAP LURA shall be filed at the time of the eligible donation or at the closing of the deal, whichever occurs first, and shall remain in place for a period of ten (10) years;

For new construction, conversion, or rehabilitation of properties with no existing residents, the AHAP LURA shall be filed at the time of the first eligible donation, and restriction will begin upon issuance of the first certificate of occupancy and shall remain in place for a period of ten (10) years;
If the eligible donation is of vacant land for the purpose of developing affordable housing units, the AHAP LURA shall be filed upon donation of the vacant land but will not be effective until the first certificate of occupancy is issued, after which time it shall remain in place for a period of ten (10) years; and 4. Developments receiving an affordable housing rent subsidy shall be subject to the restrictions of the AHAP LURA for as long as the affordable housing rent subsidy is in place and only with regard to those units receiving the affordable housing rent subsidy;

(K) Eligible agency. Any organization performing community services or economic development activities in the state of Missouri having the producing, maintaining, or operating of low-income housing as part of their charter and as one (1) of their stated purposes, and— 1. Holding a ruling from the Internal Revenue Service of the United States Department of Treasury that the organization is exempt from income taxation under the provisions of the Internal Revenue Code sections 501(c)3, 501(c)4, or 501(c)6; or 2. Incorporated in the state of Missouri as a not-for-profit corporation under the provisions of Chapter 355, RSMo; or 3. Designated as a community development corporation by the United States government under the provisions of 42 U.S.C.A. 9802; and 4. Not controlled by a for-profit corporation, company, partnership, or entity of any kind; and 5. Any organization not solely relying on AHAP tax credit in the furtherance of their business activities must meet the minimum requirements of subsection (3)(K) and shall have conducted their business activities for at least one (1) year;

(L) Eligible donation. A donation that may be in the form of cash, stock, real estate, professional services, or materials/products and must be eligible for the federal income tax charitable deduction. The donation must be made to an eligible agency which has already received a reservation of AHAP tax credits from the commission staff. To allocate the credit, the commission staff requires supporting documentation evidencing the receipt and value of the donation and a certification form executed by the eligible donor and the eligible agency. To be an eligible donation, the donation must be received by the eligible agency after the date of reservation and prior to the deadline outlined in the reservation letter;

(M) Eligible donor. A person, firm, or corporation doing business in the state of Missouri and subject to the income tax imposed by the provisions of Chapter 143, RSMo, or a corporation subject to the annual corporation franchise tax imposed by the provisions of Chapter 147, RSMo, or an insurance company paying an annual tax on its gross premium receipts in the state of Missouri, or other financial institution paying taxes to the state of Missouri or any political subdivision of the state of Missouri under the provisions of Chapter 148, RSMo, or an express company which pays an annual tax on its gross receipt in the state of Missouri.

Employees of an eligible agency which has been allocated AHAP tax credits are not eligible to make donations for AHAP tax credits. However, they are eligible to receive AHAP tax credits through the transfer process;

(N) Eligible occupants. Persons or families whose household combined adjusted gross income, as defined by the commission staff, is equal to or less than the percentages of median family income set forth in section 32.105, RSMo. Median family income is that for the geographic area in which the residential unit is located or the median family income for the state of Missouri, whichever is larger. Geographic area means the metropolitan area or county designated as an area by the federal Department of Housing and Urban Development under Section 8 of theUnited States Housing Act of 1937for purposes of determining fair market rental rates;

(O) Fiscal year. As defined by the commission, shall be from July 1 through June 30;

(P) Operating assistance credits. Tax credits allocated through the AHAP to eligible agencies to provide for qualified operating expenses of the eligible agency pursuant to

section 32.112, RSMo;

(Q) Production credits. Tax credits allocated through the AHAP to eligible agencies for affordable housing assistance activities pursuant to section 32.111, RSMo;

(R) Qualified operating expenses. For the purposes of operating assistance credits, may include salaries, office supplies/equipment, office rent/mortgage payments, utilities, taxes, insurance, maintenance/repairs, professional services procured by the eligible agency, and any other expenses approved by the commission staff. However, the cost of applying for the AHAP tax credits and the tax credit fee shall not be included in qualified operating expenses;

(S) Reservation. The process by which the commission staff sets aside AHAP tax credits for use by a specific eligible agency;

(T) Reservation letter. A letter issued by the commission staff to the eligible agency upon approval of their application which sets out the approved AHAP tax credit amount, the beginning and end dates for receiving eligible donations, and any additional terms for administration of the program; and (U) Tax certification. A form provided to the commission staff by the eligible donor and the eligible agency to certify the information provided by each as it pertains to the donations and all applicable requirements for receiving the AHAP tax credit.

Jan. 30, 2011.

4CODE OF STATE REGULATIONS

(12/31/10) ROBINCARNAHAN

4 CSR 170-5.200 Application {#sec-4-csr-170-5.200 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-5.200}

PURPOSE: This rule establishes the procedures for submitting applications and the criteria and priorities for the approval or disapproval of these applications.

(1) Eligible agencies wanting to receive (AHAP) tax credits must make application to the Missouri Housing Development Commission (commission) staff for approval and receive approval before an eligible donation from an eligible donor is received by the eligible agency. If approved, the commission staff will issue a reservation letter notifying the eligible agency of the approval and setting out the conditions of the reservation.

(2) All applications shall be made on the forms supplied by the commission staff and available on the commission’s website or by contacting the commission staff directly.

(A) Applications for production credits consisting of construction or rehabilitation of affordable housing units and/or donation of property, or for providing affordable housing units to eligible occupants through an affordable housing rent subsidy program by an eligible agency will include, but not be limited to, those requirements set forth in sections 135.802.1, 135.802.6, and 32.111, RSMo.

(B) Applications for operating assistance credits providing for general operating assistance to eligible agencies, in addition to the requirements set forth in sections 135.802.1, 135.802.6, and 32.111, RSMo, must specify— 1. The projected use of the eligible donation with respect to qualified operating expenses;

The need for the eligible donation; and 3. The leverage with additional resources.

(3) An application fee and a tax credit fee shall be charged in an amount necessary to cover the commission’s expenses. These fees may be adjusted by the commission staff from time-to-time and shall not be paid for out of eligible donation funds.

(4) Initial applications for production credits may be submitted at any time during the period from July 1 through April 30. The initial applicant may have an opportunity to request an increase and extension of the reservation in June subject to commission staff approval.

(5) Applications for operating assistance credits may be made in one (1) or both of two (2) application rounds, with an opportunity to request an increase reservation at the end of the fiscal year, subject to commission staff approval.

(6) Applications may be accepted at other times during the year at the discretion of the commission staff.

(7) All applications must comply with the AHAP limitations set forth in 4 CSR 170-5 and all applicable state and federal requirements, including, but not limited to, sections 32.100–32.125 and 135.802, RSMo.

(8) In all cases where the application is for production credits, and the applicant has not already done so, the commission staff shall notify the state senator, state representative, and the chief elected official of the jurisdiction in which the property is located upon receipt of the application. The elected officials shall be offered thirty (30) days to comment on the application.

Jan. 30, 2011.

4 CSR 170-5.300 Approval and Reservation Process {#sec-4-csr-170-5.300 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-5.300}

PURPOSE: This rule establishes procedures and identifies requirements for application approval or disapproval and reservation of (AHAP) tax credits.

(1) Approval or disapproval of the application to receive Affordable Housing Assistance Program (AHAP) tax credits will be given in writing by the commission staff.

(2) Factors to be considered in the approval affordable housing units through the use, new construction, rehabilitation, or donation of units shall include, but shall not be limited to, the following:

(A) Qualification of the applicant as an eligible agency;

(B) Feasibility of the project;

(D) Leverage;

(E) Community support; and (F) Eligibility of the donor and the donations.

(3) Factors to be considered in the approval affordable housing units to eligible occupants by an eligible agency through a housing rent subsidy program approved by the commission staff shall include, but shall not be limited to, those items listed in section (2) of this rule, as well as consideration of the tenant population to be served and the general rent structure proposed.

(4) Factors to be considered in the approval general operating assistance to an eligible agency as approved by the commission staff shall include, but shall not be limited to, assessment of submitted expenses for qualification as eligible expenses and the need to use AHAP tax credits to meet those eligible expenses.

Jan. 30, 2011.

4 CSR 170-5.400 Issuance of the Tax Credit {#sec-4-csr-170-5.400 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-5.400}

PURPOSE: This rule establishes the total amounts of Affordable Housing Assistance Program (AHAP) tax credits, computation of AHAP tax credits, and proof of contribution for AHAP.

(1) The amount of the Affordable Housing Assistance Program (AHAP) tax credit shall not exceed fifty-five percent (55%) of the total amount of eligible donations donated for affordable housing assistance activities (or market rate housing in distressed communities as defined in section 135.530, RSMo) by an eligible donor.

(2) Calculation of the minimum number of affordable housing units required— (A) For developments consisting of multiple residential units (multi-family development) for which the eligible donation is the donation of the property itself, the number of units subject to the restrictions set forth in the AHAP land use restriction agreement (LURA) shall be fifty percent (50%) of the total units;

(B) For multi-family developments receiving other types of eligible donations, the number of units subject to the restrictions set forth in the AHAP LURA shall be calculated by taking the amount of the eligible donation and dividing it by the total development cost of the residential portion of the property and applying this fraction to the total number of units available for affordable housing units.

The resulting number shall be rounded to the nearest whole number and will represent the number of affordable housing units required for the development;

part of a greater development which is under common ownership, all homes that receive the benefit of an eligible donation shall be an affordable housing unit;

(D) For the purposes of transitional housing and shelters, as such terms shall be determined by the commission staff from time-totime, the entire facility shall be subject to the restrictions set forth in the AHAP LURA; and (E) For purposes of the affordable housing rent subsidy, the number of units shall be determined by the number of qualifying eligible occupants receiving affordable housing rent subsidy from funds available from eligible donations.

(3) AHAP tax credit recipients have the time remaining in the fiscal year in which the donation is made, plus one (1) full fiscal year, to submit their tax certification and any required documentation from both the eligible donor(s) and eligible agency, evidencing the validity of an eligible donation. Any reservation amount not supported by a valid eligible donation prior to the reservation deadline shall be recaptured subject to the discretion of the commission staff.

(4) Any tax credit not used in the period for which the credit is approved may be carried over the next ten (10) succeeding calendar or fiscal years until the full credit has been claimed.

(5) The total amount of AHAP tax credits granted for applications approved pursuant to

Chapter 32, RSMo, shall not exceed one (1) million dollars per fiscal year for operating assistance credits or ten (10) million dollars per fiscal year for production credits.

(6) Reservation for operating assistance credits may not exceed one hundred thousand dollars ($100,000) per eligible agency per fiscal year, unless approved by the commission staff based upon demonstrated need and the ability to successfully satisfy reservation amounts and deadlines or unless the commission staff determines that there are no other appropriate applications for the tax credits.

(7) Reservations for production credits may not exceed one (1) million dollars per development, unless approved for more by the board of commissioners of the commission based upon demonstrated need and the ability to successfully satisfy reservation amounts and deadlines.

(8) No AHAP tax credit shall be approved for any bank, bank and trust company, insurance company, trust company, national bank, savings association, or building and loan association for activities that are part of its normal course of business. If there are any questions concerning the normal course of business, the commission staff shall determine this on a case-by-case basis.

(9) Computation of an AHAP tax credit depends on the form of the donation. Credits for donations by an eligible donor shall be computed by the commission staff. Evidence of proof of donations may include, but shall not necessarily be limited to, one (1) of the following:

(A) Cash donations shall require proof of payment, such as a copy of both sides of the cancelled check(s) or a bank statement showing the check transaction;

(B) Real estate investments shall have a copy of the deed and a copy of the appraiser’s report by an independent appraiser;

(C) Professional services shall require documents detailing dates of service, type of service performed, and associated fees or value for service. The value of the services donated must not exceed the amount of the eligible donor charges for similar services to the general public in the ordinary course of the eligible donor’s business. The eligible donor must certify to the appropriateness of the charges and acknowledge the penalty for providing false information in a manner acceptable to the commission staff;

(D) Materials or product, or both types of donations, shall have a copy of the invoice or other documentation showing the cost to the eligible donor and a copy of the invoice(s), signed by the eligible agency or agencies, describing the costs of the goods to the eligible donor; and (E) Stocks shall require attachment of the documentation of the transfer of stocks or bonds from the eligible donor to the eligible agency, indicating the name of the securities, number of shares, date of transfer, and market value as of the date of the transfer. Documentation by brokerage statements must include the eligible donor’s name.

(10) The commission staff has sole discretion in analyzing the qualification, structure, and valuation of all donations from eligible donors.

(A) If the eligible donation is in real or personal property or in professional services, rather than in cash, the valuation of the eligible donation will be substantiated as required by the commission staff, and its determination of value shall be final.

(11) Transferability of AHAP Tax Credits.

Production credits and operating assistance credits are fully transferable with commission staff consent. Employees of eligible agencies which have been allocated AHAP tax credits are not eligible to make donations for AHAP tax credits but may receive AHAP tax credits through the transfer process.

(12) The commission staff shall transmit to the Missouri Department of Revenue the necessary information on the amount of AHAP tax credit allowable to the eligible donor provided that— (A) All money, real or personal property, or professional services included in the application shall have been irrevocably and unconditionally contributed, expended, or devoted to the AHAP activity approved by the commission staff; and (B) In all cases where the application involves new construction or rehabilitation or use of existing units, the AHAP LURA required by the commission staff shall be executed and filed for record prior to the issuance of any AHAP tax credit.

(13) In the event that an AHAP tax credit was improperly approved or issued, the commission staff shall notify the eligible agency and the eligible donor of the reason for the adjustment and notify the Missouri Department of Revenue that the AHAP tax credit has been adjusted and the reason for the adjustment.

Jan. 30, 2011.

6CODE OF STATE REGULATIONS

(12/31/10) ROBINCARNAHAN

4 CSR 170-5.500 Compliance Requirements and Recapture {#sec-4-csr-170-5.500 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-5.500}

PURPOSE: This rule establishes the compliance requirements for the Affordable Housing Assistance Program (AHAP).

(1) The Missouri Housing Development Commission (commission) staff is authorized, in its discretion, to audit the records and accounts of the approved mortgagor of the affordable housing units for which the (AHAP) tax credit is claimed or audit the records and accounts of the eligible agency providing the affordable housing rent subsidies to tenants of claimed units in order to verify the information provided in the tax certification.

(2) Eligible agencies receiving a reservation of AHAP tax credits shall submit progress reports as required by the commission staff and specified in the reservation letter and/or in the AHAP land use restriction agreement (LURA). Failure to file the required progress reports within the prescribed time shall result in recapture of all AHAP tax credits that have not been allocated to that date, subject to the discretion of the commission staff.

(3) Eligible agencies that believe they will be unable to obtain the required amount of eligible donations to satisfy the entire reservation are highly encouraged to contact the commission staff as soon as they have made this determination so that funds can be reallocated.

(4) When an eligible agency has been unsuccessful in utilizing reservations by the prescribed deadline as set forth in the reservation letter, the commission staff shall send a letter of notification to notify the eligible agency of the amount of the reservation recaptured.

(5) For as long as there are eligible donation funds available, an eligible agency providing affordable housing units to eligible occupants through a housing rent subsidy program, and for which an AHAP tax credit is being claimed by an eligible donor, shall certify to the commission that all tenants receiving affordable housing rent subsidies are incomeeligible for affordable housing units and the rental subsidies for each claimed unit are in compliance with the provisions of sections 32.100–32.125, RSMo, and all other applicable commission-required certifications and documentation and state and federal laws and regulations.

(6) Allocations of AHAP tax credits shall be revoked in the event of intentional fraud by the eligible donor.

(7) The commission staff shall notify the director of the Missouri Department of Revenue of any recapture or revocation of AHAP tax credits.

Jan. 30, 2011.

Chapter 6 Missouri Low Income Housing Tax Credit

4 CSR 170-6.010 Criteria for Eligibility Statement {#sec-4-csr-170-6.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-6.010}

(Rescinded January 30, 2011)

Emergency rule filed Sept. 25, 1991, effective Oct. 5, 1991, expired Feb. 1, 1992.

Original rule filed Oct. 24, 1991, effective March 9, 1992. Rescinded: Filed May 24, 2010, effective Jan. 30, 2011.

History

AUTHORITY: Chapter 215 and section 215.030(5), (12), and (19), RSMo Supp.

4 CSR 170-6.100 Criteria for Eligibility Statement {#sec-4-csr-170-6.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-6.100}

PURPOSE: This rule establishes the criteria upon which the eligibility statements for the Missouri low income housing tax credit will be issued, as mandated in sections 135.352 and 135.800–135.830, RSMo.

(1) All terms used in this chapter shall bear the meaning described in the state housing act, 4 CSR 170-1.100, and section 135.350, RSMo, as applicable. When used in this

chapter, the following terms shall have the following meanings:

(A) Carryover. An agreement provided to developments which are not ready to be placed in service by year-end, but which have incurred or will incur within a period of twelve (12) months, more than ten percent (10%) of the total development cost pursuant to 26 U.S.C.A. 42(h)(1)(E)–(F);

(B) Conditional reservation. A countersigned document generated by the commission staff following approval of a development which will describe the type, amount(s), terms, and requirements applicable to the development in question. This document is subject to the requirements that the commission determines necessary or appropriate to assure that the development will meet the goals of the Qualified Allocation Plan (QAP) in a timely manner;

(C) Cost certification. A certification of actual costs of the development, as prepared by a certified public accountant;

(D) Firm commitment. A written agreement which sets forth the final underwritten terms and requirements of a transaction;

(E) Firm submission. The information and documents which the taxpayer is required to submit to commission staff, as identified in the conditional reservation;

(F) Housing credit administrator. The entity which is empowered as the federal low income housing tax credit (federal LIHTC) and Missouri low income housing tax credit (MO LIHTC) administrator for the state of Missouri;

(G) Land Use Restriction Agreement (LURA). An agreement which describes the covenants which the applicant is making which will run with the land;

(H) Notice of Funding Availability (NOFA). A document which alerts the public that the commission has funds available for the construction or rehabilitation of affordable housing developments; and (I) Qualified Allocation Plan (QAP). A plan which sets forth the process the commission will use to administer the federal LIHTC and MO LIHTC in Missouri.

(2) The commission is the state of Missouri’s housing credit administrator. This designation gives the commission the responsibility of administering the federal LIHTC and MO LIHTC. The responsibilities of a housing credit administrator are defined in 26 U.S.C.A. 42(m) and in sections 135.350–135.363, RSMo.

(3) The MO LIHTC is awarded by the commission in a competitive manner. The commission shall vote to approve the QAP. The commission shall, prior to taking a final vote to approve the QAP, provide to the general public of the state of Missouri a reasonable amount of time to make comments on the draft QAP. The commission shall solicit written comments as well as comments at QAP specific public hearing. The QAP shall address in one (1) document the administration plan for both the federal LIHTC and the MO LIHTC.

(4) The rules establishing eligibility of a taxpayer to receive federal LIHTC and, therefore, the MO LIHTC, are established by the federal government.

(5) The commission is charged with allowing no more MO LIHTC than necessary to make the proposed development feasible. The amount of MO LIHTC allowed will be calculated at the sole discretion of the commission, but in no case may the amount of MO LIHTC exceed the amount of federal LIHTC awarded to a development.

(6) The commission may elect, in its sole discretion, an amount of MO LIHTC which is less than the amount which may be available to award based on the amount of federal LIHTC available.

(7) The commission shall prepare an initial eligibility statement which specifies the amount of the federal LIHTC and MO LIHTC allocated.

(8) The eligibility statement shall also identify the low income housing tax credit number, building identification number, contact information for the taxpayer, the building address, date of allocation, the year in which the eligibility statement is approved for use, and date the building was placed in service. The eligibility statement shall be signed by an authorized official of the commission.

(9) The commission will issue an eligibility statement for each qualified Missouri project.

The taxpayer shall provide the commission with all required information necessary to generate the eligibility statement.

(10) The lifecycle of a MO LIHTC is represented as follows:

(A) Commission staff generates a draft QAP, from time-to-time, which is approved by the commission to post for public com- (B) The QAP is posted for public com- (C) Commission staff holds public hearings;

(D) The commission considers public comments and adopts a final QAP;

(E) The commission approves a NOFA, which identifies the amount of federal and MO LIHTC available;

(F) Applications are received by individuals and entities seeking to participate under the NOFA;

(G) The commission staff seeks out input from the applicable Missouri state representative, Missouri state senator, and the chief executive of the municipality in which the development resides;

(H) The commission staff conducts public hearings to solicit public comment on proposed applications;

(I) Commission staff, under the supervision of the director of rental production, receives and analyzes the applications and makes recommendations to the commission;

(J) The commission votes to approve the development(s);

(K) The commission staff sends the applicants who were approved by the commission a conditional reservation and, if applicable, a carryover;

(L) The applicant provides commission staff with the firm submission requirement documents and demonstrations of development progress;

(M) Commission staff will prepare a firm ROBINCARNAHAN(12/31/10) commitment following review and approval of firm submission items, making adjustments where necessary;

(N) Commission staff prepares and facilitates the recording of the LURA. The LURA will be recorded at the time the applicant closes into their partnership and prior to any debt instruments;

(O) Commission staff will agree to the draft of the partnership agreement or operating agreement prior to execution by the parties thereto;

(P) Construction shall not commence on the development prior to the execution of the partnership agreement or operating agree- (Q) Commission staff monitors construction of the development;

(R) Commission staff requires a cost certification which reflects the amount of credit which is allocated to the transaction for the first year, following construction completion and prior to issuing an initial eligibility statement; and (S) Commission staff will issue an eligibility statement each year of the period for which the taxpayer will receive MO LIHTC.

(11) If there is any recapture of the federal LIHTC, there is an equal recapture of the MO LIHTC. The taxpayer is required to provide commission staff with correspondence received regarding federal LIHTC recapture, including, but not limited to, a final notice of any recaptured federal LIHTC. Furthermore, the taxpayer shall also provide commission staff with an annual report which identifies the amount of federal LIHTC the taxpayer determines they were not entitled to claim during the preceding tax year. This information shall be provided in a form the commission staff shall prescribe from time-to-time.

(12) The director of the Missouri Department of Revenue or the director of the commission may require the filing of additional documentation necessary to determine the accuracy of a tax preference claimed.

History

AUTHORITY: sections 135.359 and 215.030(5), (12), and (19), RSMo 2000. Original rule filed May 24, 2010, effective Jan. 30, 2011. Original authority: 135.359, RSMo 1990, amended 1991, 1993, 1994, 1995 and 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.

4 CSR 170-6.200 Additional Missouri Low Income Housing Tax Credit Requirements {#sec-4-csr-170-6.200 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-6.200}

PURPOSE: The purpose of this rule is to provide information to taxpayers subject to the Tax Credit Reporting Act of 2004 and to address the applicability of relocation to a Missouri low income housing tax credits (MO LIHTC) development.

(1) In addition to the requirements identified in section 135.802(6), RSMo, a taxpayer receiving Missouri low income housing tax credits (MO LIHTC) shall provide to the Missouri Housing Development Commission (commission) evidence of the relocation requirements, as set forth in section 523.205, RSMo.

(2) The taxpayer shall provide the commission with a determination of projected labor costs under section 135.802(6), RSMo, by using the actual labor costs or by way of a construction cost estimator similar to the RS Means Contractors Pricing Guide.

(3) All reporting under section 135.805(1), RSMo, is due on the last day of the annual reporting period, which is deemed to end on June 30 of each year. All developments must provide three (3) full years of reports under this section. The report shall be filed in the form, manner, and within the timing requirements required by statute.

4CODE OF STATE REGULATIONS

(12/31/10) ROBINCARNAHAN

History

AUTHORITY: sections 135.359 and 215.030(5), (12), and (19), RSMo 2000. Original rule filed May 24, 2010, effective Jan. 30, 2011. Original authority: 135.359, RSMo 1990, amended 1991, 1993, 1994, 1995 and 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.

Chapter 7 Missouri Housing Trust Fund

4 CSR 170-7.010 Introduction 18, 1995, effective Feb 25, 1996. Rescinded: {#sec-4-csr-170-7.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-7.010}

4 CSR 170-7.020 Definitions {#sec-4-csr-170-7.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-7.020}

4 CSR 170-7.030 Preparation of Application {#sec-4-csr-170-7.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-7.030}

4 CSR 170-7.040 Application and Notification Process {#sec-4-csr-170-7.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-7.040}

4 CSR 170-7.050 Compliance Requirements {#sec-4-csr-170-7.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-7.050}

4 CSR 170-7.100 Introduction {#sec-4-csr-170-7.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-7.100}

PURPOSE: This rule establishes guidelines to assist the Missouri Housing Development Commission in the implementation of the Missouri Housing Trust Fund and allows the commission to comply with the provisions of H.B. 1745 (1994) (affordable housing). This

rule applies solely to the designated funds received from the user fee established in section 59.319, RSMo, or other funds as determined by the commission.

(1) Funds from the Missouri Housing Trust Fund (MHTF) shall be administered by the trust fund department. The trust fund manager shall supervise the day-to-day operations of the trust fund department. The trust fund manager shall report to the director or such other member of the Missouri Housing Development Commission’s (commission) senior management as the director may deem appropriate.

(2) The trust fund department shall maintain the advisory committee to aid and enhance the overall mission of the MHTF by providing advice to the trust fund department regarding policies, procedures, and guidelines set by the trust fund department. The advisory committee shall be a public governmental body for purposes of Chapter 610, RSMo, and shall be bound to abide by that and all other applicable state laws.

(A) Meetings of the advisory committee— 1. The advisory committee shall meet on a quarterly basis with the dates of such meetings to be set by the trust fund manager and/or the director;

In order for a meeting to be valid, a quorum of the advisory committee must be present. The number of members constituting a quorum shall be as set forth in the advisory committee’s by-laws, but in no event may a quorum be less than a majority of the members of the advisory committee; and 3. All meetings of the advisory committee shall be “public meetings,” as such term is defined in Chapter 610, RSMo. Notices of all advisory committee meetings shall be provided in a manner consistent with Chapter 610, RSMo.

(B) The following individuals shall be required to attend all advisory committee meetings:

Members of the advisory committee;
The trust fund manager; and 3. All other members of the trust fund department whom the trust fund manager shall deem appropriate and/or necessary.

(C) Composition of the advisory committee— 1. The advisory committee shall be composed of twenty-five (25) members, consisting of the following:

A. Fifteen (15) of the members shall be representatives of agencies receiving MHTF funds from the commission for the funding year in which they are being appointed;

B. Four (4) of the members shall be representatives of agencies whose applications were not selected to receive MHTF funds from the commission for the funding year in which they are being appointed; and C. Six (6) of the members shall be representatives from agencies at-large in the state (at least two (2) of which must come from the Missouri Metropolitan Continua of Care);

At the end of each two- (2-) year term, one-third (1/3) of the representatives of the existing Advisory Committee shall be retained. Retention of representatives shall be handled in the same manner as appointment (as set forth in 4 CSR 170-7.100(2)(D)1. below), provided, however, that in no instance may the overall composition of the advisory committee deviate from the requirements set forth in 4 CSR 170-7.100(2)(C)1.; and 3. The advisory committee shall have such officers as may be established by the advisory committee by-laws. The advisory committee by-laws shall set forth the duties of each officer, as well as any rules regarding the officer positions, including, but not limited to, processes for electing and/or replacing officers, processes for removing officers from office, and rules on term limits.

(D) Appointment, resignation, and removal of advisory committee members— 1. Members of the advisory committee shall be appointed by joint decision of the director, the commission’s director of operations, and the trust fund manager.

A. Appointments shall be made prior to the second advisory committee meeting every other calendar year.

B. Appointees shall serve terms of two (2) years and may not serve more than three (3) consecutive terms.

C. Members of the advisory committee shall not be reimbursed for their participation on the advisory committee;

Any member of the advisory committee may be removed upon an affirmative vote for removal by two-thirds (2/3) of the members of the entire advisory committee;
Any member of the advisory committee wishing to resign from the advisory committee shall submit a written resignation to the advisory committee chairman or the trust fund manager; and 4. Any member of the advisory committee who fails to attend any two (2) consecutive committee meetings during their term shall be ineligible for retention on or reappointment to the advisory committee. Failure to attend any subcommittee meeting shall not be counted toward the two (2) absence

rule.

(E) The advisory committee shall adopt by-laws governing its operation and shall keep a current copy of its by-laws on file with the trust fund manager. The by-laws may be amended, repealed, or modified by an affirmative vote of the majority of the advisory committee members at a regularly scheduled meeting, provided that any proposed changes are mailed to all advisory committee members at least two (2) weeks prior to the meeting where such vote is to be held. If any provision in the by-laws of the advisory committee conflicts with any rules established in these regulations or the state housing act, such provision in the by-laws shall be null and void.

(3) The commission staff shall, pursuant to the provisions of this chapter, provide application forms to housing provider organizations wishing to apply for, in whole or in

part, grants or loans from the MHTF for the development of housing stock and/or to provide housing assistance to low income persons.

(19), RSMo 2000.* Material in this rule was originally filed as 4 CSR 170-7.010. Original

rule filed Nov. 30, 2011, effective June 30, 2012.

4 CSR 170-7.200 Definitions {#sec-4-csr-170-7.200 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-7.200}

PURPOSE: This rule defines terms used in the implementation of the Missouri Housing Trust Fund.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) As used in this chapter, all terms not otherwise defined herein shall have the meanings set forth in the state housing act and, as applicable, in 4 CSR 170-1.100. For purposes of this chapter, the following terms shall have the following meanings:

(A) Adjusted income. An amount equal to adjusted income as such amount is defined under Title 24, Code of Federal Regulations,

Part 5, published annually in April, herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov. This rule does not incorporate any subsequent amendments or additions;

(B) Advisory committee. The advisory committee shall be the committee established and maintained under 4 CSR 170-7.100(2);

(C) Affordable housing unit. A residential unit generally occupied by persons and families with incomes at or below the levels described in this rule and charging a gross rental rate no greater than the levels set forth in section 215.037.1., RSMo (as the same may be amended from time-to-time), reduced by the utility allowance, if applicable;

(D) Applicant(s). Shall refer to any entity applying for a grant or loan of Missouri Housing Trust Fund (MHTF) funds by submitting a proposal application form to the Missouri Housing Development Commission (commission);

(E) Application proposal guide. The application proposal guide adopted by the trust fund department from time-to-time pursuant to 4 CSR 170-7.300(3);

(F) Commissioners. The appointed and ex officio members of the commission or their lawfully authorized designees;

(G) Committee of directors. The committee of directors shall be a three (3) person committee comprised of the commission’s director, director of rental production, and director of finance;

(H) Competent and substantial evidence.

Evidence that is reliable and probative and which a reasonable mind could accept as adequate to support a conclusion (i.e., evidence upon which the party rendering a determination could reasonably base its decision);

(I) Compliance period. The compliance period set forth in the applicable land use restriction agreement or regulatory agreement recorded on the MHTF development pursuant to the requirements of this chapter;

(J) Eligible low income persons or families at or below fifty percent (50%) of median income, adjusted for family size. Persons or families whose household combined, adjusted income is equal to or less than the percentages set forth in section 215.036.2., time-to-time);

(K) Eligible low income persons or families at or below twenty-five percent (25%) of median income, adjusted for family size. Persons or families whose household combined, adjusted income is equal to or less than the percentages set forth in section 215.036.3., time-to-time);

(L) MHTF development(s)/MHTF activity. Any development or activities eligible for assistance under section 215.038, RSMo (as the same may be amended from time-totime);

(M) Housing provider organization. Any organization or firm performing housing development activities, community services, or economic activities in Missouri;

(N) Grantee(s). Any entity receiving a grant of MHTF funds under this chapter;

(O) MHTF. The Missouri Housing Trust Fund, as codified in sections 215.034–215.039, RSMo, (as may be amended from time-to-time);

(P) MHTF NOFA. A notice of funding availability (NOFA) for MHTF funds as approved from time-to-time by the commission pursuant to 4 CSR 170-7.300(2);

(Q) Missouri Metropolitan Continua of Care. Collectively, the St. Louis City Continua of Care (City of St. Louis, Missouri), St.

Louis County Continua of Care (St. Louis County), Kansas City Continua of Care (Jackson County), St. Joseph Continua of Care (Andrew County, DeKalb County, and Buchanan County), Joplin Continua of Care (Jasper County and Newton County), Springfield Continua of Care (Christian County, Green County, and Webster County) and St.

Charles Continua of Care (Lincoln County, Warren County, and St. Charles County);

(R) Proposal. A written application by one (1) or more housing provider organizations requesting MHTF funds for any MHTF development/MHTF activity in order to provide assistance to eligible persons or families in a manner consistent with the MHTF;

(S) Proposal application form. The application form adopted by the trust fund department from time-to-time pursuant to 4 CSR 170-7.300(1);

(T) Recaptured funds. All MHTF funds recaptured pursuant to 4 CSR 170-7.400(2);

(U) Trust fund manager. The individual hired by the director to manage and supervise the trust fund department;

(V) Trust fund department. The department established by the director to administer all MHTF funds awarded by the commission; and (W) Utility allowance. The utility allowance for purposes of calculating gross rent under

section 215.037.1., RSMo (as the same may be amended from time-to-time), shall be calculated using the method set forth under 4CODE OF STATE REGULATIONS Treas. Reg. Section 1.42-10(b)(4)(ii)(B) (T.D.

8520, 59 FR 10073,

March 3, 1994, as amended by T.D. 9420, 73 FR 43867, July 29, 2008), herein incorporated by reference and made a part of this rule, as published by the Office of the Federal Register, National Archives and Records Administration, 800 North Capitol Street NW, Suite 700, Washington, DC 20001, phone: (202) 741-6000, website: http://www.archives.gov/federalregister/. This rule does not incorporate any subsequent amendments or additions. If the local utility company is unable or unwilling to provide estimates necessary for calculating the utility allowance under such section, the method for calculating utility allowances set forth in Treas. Reg. Section 1.42- 10(b)(4)(ii)(A) (T.D. 8520, 59 FR 10073, March 3, 1994, as amended by T.D. 9420, 73 FR 43867, July 29, 2008), herein incorporated by reference and made a part of this

rule, as published by the Office of the Federal Register, National Archives and Records Administration, 800 North Capitol Street NW, Suite 700, Washington, DC 20001, phone: (202) 741-6000, website: http://www.archives.gov/federal-register/ shall be used. This rule does not incorporate any subsequent amendments or additions.

(19), RSMo 2000.* Material in this rule originally filed as 4 CSR 170-7.020. Original

rule filed Nov. 30, 2011, effective June 30, 2012.

4 CSR 170-7.300 Proposal Application, Selection, and Notification Processes {#sec-4-csr-170-7.300 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-7.300}

PURPOSE: This rule establishes the procedures for submitting proposals, identifies requirements for filing a proposal for Missouri Housing Trust Fund funds, and establishes criteria and priorities for the approval or disapproval of such proposals.

(1) The trust fund department shall, from time-to-time, adopt a proposal application form to be used by all agencies requesting Missouri Housing Trust Fund (MHTF) funds. Any proposal application form so adopted shall meet the following requirements:

(A) The form adopted shall first require the approval of the trust fund manager and the director; and (B) The form adopted must provide all information necessary to allow the commission to select proposals based on the requirements and criteria the commission may adopt in the allocation plan and notice of funding availability (NOFA) adopted pursuant to 4 CSR 170-7.300(2).

(2) The commission shall, from time-to-time, adopt an allocation plan and MHTF NOFA for the MHTF. After approving drafts of the allocation plan and MHTF NOFA, the commission shall hold public hearings on the same. Once public hearings have been completed, and all comments have been considered, the commission will finalize and approve the allocation plan and MHTF NOFA.

(3) Within thirty (30) days after the commission adopts an allocation plan and MHTF NOFA, the trust fund department will issue an application proposal guide which shall, at a minimum, detail the requirements for the proposal application form, the criteria to be used by the commission in selecting proposals, and a timeline for the proposal review and selection process including all pertinent deadlines related to the application process.

(4) Review and approval of proposals submitted under the MHTF NOFA.

(A) Each proposal application form submitted under the MHTF NOFA shall first be independently reviewed and scored by two (2) separate staff members of the trust fund department selected by the trust fund manager. The two (2) staff members evaluating and scoring the proposals shall evaluate such proposals using the criteria established by the commission in the allocation plan and MHTF NOFA, as well as the criteria set forth in the application proposal guide. Once each staff member has completed independently reviewing and scoring each proposal, the proposals and preliminary scores shall be provided to the trust fund manager for final review. The trust fund manager shall review each proposal and the preliminary scores tabulated by each of the two (2) staff members for completeness and accuracy. In performing this final review, the trust fund manager shall have the ability and discretion to correct errors in preliminary scores, reconcile discrepancies in the preliminary scores and otherwise adjust the results of the preliminary scores in order to ensure that the final score attributed to each proposal fully and accurately reflects its content. Once final scores are assigned to each proposal, the trust fund department will prepare recommendations for funding based on score and the allocation plan, and such recommendations will be presented to the commission, at a time established by the commission, for approval of selected proposals.

If any proposal involves an owner who is not in good standing with the commission under any other program administered by the commission, the proposal shall be subject to such penalties as may be set forth in the application proposal guide.
No proposal application form submitted after the deadline will be considered for funding.
If any proposal involves an owner, sponsor, or partner who is involved in any other property funded in whole or in part by MHTF funds and such property is in a current state of non-compliance with MHTF guidelines based on a determination made pursuant to 4 CSR 170-7.500, the proposal shall be subject to such penalties as may be set forth in the application proposal guide.
If, as of the application deadline, any proposal application form submitted to the commission is incomplete, the application shall be considered, but shall be subject to such penalties as may be set forth in the application proposal guide.

(B) The commission may approve or disapprove any proposals submitted and/or recommended by the trust fund department at its discretion, and all decisions of the commission regarding the disposition of a proposal shall be final.

(C) All applicants shall be notified of the commission’s disposition of their proposal by mail or such other means as the commission may deem appropriate provided that the method of notification used is reasonably likely to apprise all applicants as to the disposition of their applications. Successful applicants will receive a written reservation from the commission which shall set forth the covenants, terms, and conditions upon which MHTF funds are being awarded.

(19), RSMo 2000.* Material in this rule originally filed as 4 CSR 170-7.030 and 4 CSR 170-7.040. Original rule filed Nov. 30, 2011, effective June 30, 2012.

4 CSR 170-7.400 Missouri Housing Trust Fund Funding Process, Recapture of Undisbursed Missouri Housing Trust Fund Funds and Re-Awarding of Undisbursed Recaptured Funds {#sec-4-csr-170-7.400 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-7.400}

PURPOSE: This rule establishes processes recipients of Missouri Housing Trust Fund (MHTF) awards must abide by in order to receive and retain MHTF funds.

(1) Each applicant whose proposal has been selected for funding and who has entered into a reservation agreement for Missouri Hous ing Trust Fund (MHTF) funds under 4 CSR 170- 7.300 must execute a grant agreement, and, where applicable, a land use restriction agreement and/or regulatory agreement with the commission, each on such forms as may be prescribed by the commission, before any MHTF funds may be advanced to the applicant.

(2) All grant funds awarded under the MHTF notice of funding availability (NOFA) must be disbursed by such date as the trust fund department may specify in each individual grant agreement. Any funds remaining undisbursed after that date shall be recaptured by the commission.

(3) All recaptured funds shall be made available to grantees whose proposals were selected for funding under the same MHTF NOFA for which the MHTF funds are being recaptured, but which did not receive the full amount of MHTF funds requested, via a secondary funding round. The allocation of recaptured funds under this secondary funding round shall be determined by the trust fund department, in its sole discretion, taking into account all factors it deems appropriate.

These factors will include, but shall not be limited to, the following:

(A) The final score on the grantee’s original proposal;

(B) The type of eligible funding use(s) for which the MHTF funds were requested under the grantee’s original proposal;

(C) The total amount of MHTF funds allocated to each type of eligible funding use under the MHTF NOFA for which the recaptured funds are being made available;

(D) The allocation plan approved by the commission for the MHTF NOFA under which the recaptured funds are being distributed;

(E) The grantee’s continuing need for the remaining MHTF funds sought under its original proposal;

(F) The grantee’s performance and history of compliance under its current grant agreement(s) with the trust fund department; and (G) The grantee’s standing with all other departments and programs of the commission with which it is involved.

(4) In no event shall the total amount of recaptured funds allocated to any grantee, when combined with the total amount of MHTF funds initially awarded to the grantee under its original proposal, exceed the total amount of MHTF funds requested under the grantee’s original proposal.

(5) All recaptured funds awarded under this

section shall be disbursed in accordance with such rules and requirements as the commission and its staff may establish.

4 CSR 170-7.500 Compliance Requirements and Suspension and Recapture of Funds {#sec-4-csr-170-7.500 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-7.500}

PURPOSE: This rule establishes the compliance requirements for the Missouri Housing Trust Fund (MHTF) and grounds upon which disbursement of MHTF grant funds may be suspended and when MHTF funds may be recaptured from a grantee.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) For any grantee receiving Missouri Housing Trust Fund (MHTF) funds for an eligible use set forth in sections 215.038(6)–(11), time-to-time), prior to receiving any disbursements under a grant agreement for such funds, the grantee shall be required to execute and record a land use restriction agreement binding the use and transfer of the property for a period of eighteen (18) years following the final disbursement of MHTF funds under the grant agreement, or such longer period as the commission may require. The land use restriction agreement shall be in such form as the commission may prescribe.

(2) Any grantee receiving MHTF funds for the payment of rental subsidies as provided for under sections 215.038 (2)–(3), RSMo (as the same may be amended from time-totime), shall, where such subsidies are awarded to a specific MHTF development owned by the grantee and not to a grantee that is an independent agency providing rental subsidies to qualified applicants, record a land use restriction agreement binding the use and transfer of the property for the duration of the grant agreement. The land use restriction agreement shall be in such form as the commission may prescribe.

(3) For any property benefiting from mortgage assistance payments provided for under sections 215.038(12) or 215.038(14), RSMo (as the same may be amended from time-totime), if such assistance payments are made for six (6) or more consecutive months, the grantee receiving such assistance or providing assistance to an eligible person shall record a land use restriction agreement binding the use and transfer of the property for the greater of one (1) year or the time period for which such assistance payments are received.

(4) Any individual receiving MHTF funds to finance repairs to their residence as provided for under section 215.038(15), RSMo (as the same may be amended from time-to-time)

(which grants shall not exceed the limits set forth in the application proposal guide), shall, prior to the disbursement of any grant funds, be required to record a regulatory agreement in such form as the commission may prescribe, which shall restrict the use and transfer of the property for the period(s) set forth in the applicable application proposal guide.

(5) Maintaining Adequate Housing Conditions for Tenants.

(A) All grantees are encouraged to provide housing of a similar quality and similar in amenities to market rate housing in the same area where the MHTF development is located.

(B) At a minimum, the MHTF development shall comply with the housing quality standards established by Title 24, Code of Federal Regulations, Part 982, published annually in April, herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov. This rule does not incorporate any subsequent amendments or additions.

(C) All MHTF developments must meet local building codes, ordinances, zoning 6CODE OF STATE REGULATIONS laws, and federal regulations that may be applicable.

(D) If the commission or any of its agents receives any report that a grantee is placing tenants or clients in physical danger due to substandard living conditions, the commission staff shall perform an immediate site visit to inspect the conditions identified in the complaint. If the complaints are confirmed, the commission and its staff shall take appropriate actions necessary up to and including recapture of MHTF fund and/or suspension or debarment of the grantee pursuant to 4 CSR 170-8.

(6) All aspects of each MHTF development must comply with any and all applicable federal, state, and/or local regulations and laws, including any such regulations or laws regarding accessibility of affordable housing units for disabled persons, and existence or storage of hazardous materials on the property where the MHTF development is located.

(7) All rental MHTF developments must comply with all applicable federal, state, and local laws prohibiting discrimination in housing on the grounds of race, color, creed, age, sex, handicap, familial status, or national origin.

(8) Procedures for Monitoring the Compliance of MHTF Developments and/or Agencies Receiving MHTF Funds.

(A) For every year during the compliance period indicated in the land use restriction agreement, any grantee supplying affordable housing units receiving MHTF funding shall certify to the commission and its staff that all tenants of the MHTF development, or all clients receiving rental assistance, as the case may be, are income eligible under the terms of the state housing act and these regulations.

(B) In order to ensure that each recipient of MHTF funds complies with the terms of its grant agreement, the state housing act, and these regulations, and that the certifications required under the preceding paragraph are true and accurate, the commission staff shall regularly monitor compliance of grantees using such policies and procedures as the commission and its staff may deem necessary, including, but not limited to:

Performing announced and/or unannounced site visits to audit the grantee’s tenant/client files in order to verify the income qualification of the grantee’s tenants, as well as to ensure that the MHTF development is being maintained in accordance with the rules and requirements set forth by the MHTF grant agreement, the state housing act, and/or these regulations;
Performing announced and/or unannounced site visits to audit tenant/client files of the grantee in order to verify the income qualification of the clients being served by the agencies, as well as to ensure that the agency is generally maintaining compliance with the rules and requirements set forth by the MHTF grant agreement, the state housing act, and/or these regulations; and 3. Performing announced and/or unannounced site visits to construction sites for MHTF developments receiving MHTF funds in order to ensure that the MHTF development is being constructed in accordance with the plans and specifications approved by the commission staff and to ensure that all work for which disbursements have been made has been satisfactorily performed.

(C) If a commission staff member performing a review of tenant/client files during any site visit determines that some of the files reviewed lack the documentation required by the commission to evidence tenant/client eligibility, the staff member performing the review and/or the commission and its staff, as the case may be, shall take the following actions:

Recourse for findings of minor non- A. If one (1) or more, but less than one-half (1/2) of the files reviewed are deemed non-compliant, this shall be deemed an event of minor non-compliance.

B. In the event there is a finding of minor non-compliance, the commission staff shall inform the grantee of the findings and shall document the same in the grantee’s file maintained by the trust fund department.

C. The first time such non-compliance is documented, the grantee shall receive a warning. For each subsequent finding of non-compliance, the trust fund department may take any such action against the grantee that it deems appropriate in its sole discretion. Such actions may include, but are not limited to, suspension of the grantee’s funding pursuant to 4 CSR 170-7.500(3)(C) and/or recapture of all or a part of the MHTF funds disbursed to the grantee under its proposal(s) pursuant to the procedures set forth in 4 CSR 170-7.500(11);

Recourse for findings of major non- A. If one-half (1/2) or more of the files reviewed are deemed non-compliant, this shall be deemed an event of major non- B. In the event there is a finding of major non-compliance, the commission staff shall inform the grantee of the findings and shall document the same in the grantee’s file maintained by the trust fund department.

C. In addition to the grantee’s noncompliance being documented in its file maintained by the trust fund department, the trust fund department may take any such action against the grantee that it deems appropriate in its sole discretion. Such actions may include, but are not limited to, suspension of the grantee’s funding pursuant to 4 CSR 170- 7.500(3)(C) and/or recapture of all or a part of the MHTF funds disbursed to the grantee under its proposal(s) pursuant to the procedures set forth in 4 CSR 170-7.500(11);

If the trust fund department suspends a grantee’s funding due to non-compliance violations under 4 CSR 170-7.500(3)(C), such grantee shall not be entitled to any further advances under its grant agreement until the grantee has completed all requirements established by the commission staff to have its funding reinstated. If a grantee has its funding suspended three (3) times pursuant to the provisions contained in 4 CSR 170- 7.500(3)(C), then upon the third event of non-compliance necessitating a suspension of funds, the grantee’s funding shall be terminated and the grant funds recaptured. The trust fund department shall determine whether the recapture of funds will apply only to those grant funds not yet expended, or whether such recapture shall apply to all funds awarded under the initial grant agreement;
Any grantee found out of compliance will be placed on a compliance list that will be monitored and reviewed by the trust fund department until such time as the trust fund department determines the grantee has sufficiently remedied any issues of non-compliance such that it should be removed from the list. As long as a grantee remains on the compliance list, its presence on the list will be noted in, and have a potentially adverse impact on, any subsequent proposals it submits to the trust fund department; and 5. If the trust fund department, in its sole discretion, determines that a grantee’s compliance failures are of such a significant nature that they merit the involvement of and/or action from the commissioners, the trust fund department may report the grantee’s compliance issues to the commissioners at the next scheduled meeting of the commission, or such earlier time as the trust fund department may deem appropriate. The commissioners may direct the trust fund department to take any such action against the non-compliant grantee as they may deem appropriate.

(D) If a commission staff member performing an inspection of a construction site determines that any work performed is of unacceptable quality, disbursements of grant funds will be suspended until the work is remediated to a level acceptable to the commission staff. If the grantee fails to remediate the issue within thirty (30) days of the date notice is provided to the grantee of the unacceptable condition, or within such longer time period as the commission staff may allow, all unexpended grant funds shall be subject to recapture.

(E) If the grantee fails to comply with the availability requirements for scheduling of site visits, which requirements shall be set by the commission staff from time-to-time and shall be stated in the grant agreement, any grant funds awarded under the grant agreement shall be subject to recapture by the commission.

(9) If at any time during the compliance period the commission staff determines an MHTF development or MHTF activity is not in compliance with the applicable provisions of the grant agreement, land use restriction agreement, state housing act, or these regulations, the commission staff may revoke the assistance provided and recapture all undisbursed grant funds. In addition, the commission staff may, where deemed to be in the best interest of the state, recapture all or a portion of the MHTF funds already disbursed under the gran t agreement.

(10) If a grantee providing home repair grants to individuals pursuant to a grant agreement for MHTF funds between the grantee and the commission becomes aware at any time during the compliance period of a regulatory agreement associated with a home repair grant that the home owner is out of compliance with the terms of said regulatory agreement, the agency must immediately notify the trust fund department of the non-compliance issue. In the event of such non-compliance by the home owner, the commission shall have the right to require the home owner to return a pro-rated portion of the home repair funds granted pursuant to the terms of the regulatory agreement governing the use and sale of the home. If the grantee fails to notify the trust fund department of the non-compliance issue within a reasonable amount of time after the non-compliance comes to the attention of the grantee, in addition to any remedies which may be provided to the commission against the grantee in the grant agreement executed between the parties, the commission may hold the grantee liable to the commission for the amount of funds the commission would have been entitled to recapture under the regulatory agreement (provided the commission is no longer able to recapture such funds from the home owner itself). The commission may, in its sole discretion, when it finds extenuating circumstances for which the otherwise due and payable pro-rated portion of the funds used for home repair should be forgiven for an individual home owner, waive its right to recapture of a pro-rated portion of the home repair grant funds from the homeowner.

(11) Process for the Recapture of MHTF Funds.

(A) Before any recapture of MHTF funds is ordered, the trust fund manager must document the cause for which the recapture is recommended by completing and signing a recaptured funds form in the form prescribed by the trust fund department, as the same may be amended from time-to-time, and attaching any supporting documentation.

(B) The trust fund department shall then provide information regarding disbursements made and the amount of funds remaining available for disbursement to the grantee.

(C) The trust fund manager shall then mail a notice to the grantee by certified mail, return receipt requested, notifying the grantee of the commission staff’s decision to recapture MHTF funds under the grant agreement. Such notice shall contain the following information:

Notice of the commission staff’s decision to recapture funds under the grantee’s grant agreement;
A brief explanation of the grounds upon which such recapture of MHTF funds is based; and 3. Notice of the grantee’s rights to contest the commission staff’s decision pursuant to the procedures set forth in 4 CSR 170- 7.600, as well as notice of the time frame within which such rights must be exercised.

4 CSR 170-7.600 Procedures for Contesting Decisions by the Commission Regarding the Funding and Recapture of Missouri Housing Trust Fund Funds {#sec-4-csr-170-7.600 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-7.600}

PURPOSE: This rule provides the proper procedures to be used by a grantee in order to dispute any decision made by the commission staff to recapture Missouri Housing Trust Fund funds previously awarded to a grantee.

(1) All disputes regarding the recapture of Missouri Housing Trust Fund (MHTF) funds shall be handled as informally as practicable, consistent with the fundamental principles of fairness, using the following procedures:

(A) In the event the commission staff orders a recapture of MHTF funds pursuant to 4 CSR 170-7.500(9), the grantee shall have thirty (30) days from the date on which notice is delivered to it to exercise its rights under this subsection by sending notice to the trust fund manager indicating its intent to dispute the recapture of funds and requesting a hearing with the commission’s director of operations;

(B) If the grantee fails to contest the commission staff’s decision within thirty (30) days from the date upon which it receives notice of the commission staff’s intent to recapture, the opportunity of the grantee to exercise the rights provided for in this section shall be deemed waived and the decision of the commission staff to recapture MHTF funds from the grantee shall be deemed final;

(C) If the grantee provides a timely response to the notice and exercises its right to a hearing with the director of operations, the director of operations shall hold a hearing with the grantee within thirty (30) days of the date on which the request for a hearing is received by the trust fund manager. The deadline for conducting a hearing may be extended for one (1) additional thirty (30) day period upon written request of either the director of operations or the grantee requesting the hearing, provided that notice of the request for extension must be provided to all parties;

(D) The following guidelines shall apply to the hearing held by the director of operations:

The hearing shall not be considered a contested case;
The hearing shall be informal and no formal rules of evidence or procedure shall apply;
The commission may have its counsel present at the hearing;
The grantee may be represented by counsel at the hearing and shall have the right to present evidence or arguments relevant to the grounds upon which the recapture action is based. If the grantee elects to be represented by counsel at the hearing, it shall notify the director of operations of this intent at least five (5) days prior to the scheduled hearing; and 5. The director of operations, in reaching his/her decision may consider information from any source which is relevant to the recapture of grant funds and shall consider all facts and circumstances upon which the proposed recapture of funds is based;

(E) Within thirty (30) days of the date on which the hearing is held, the director of 8CODE OF STATE REGULATIONS operations shall issue a decision in writing to the grantee, which decision shall be mailed to the grantee by certified mail, return receipt requested.

If the director of operations determines that recapture of MHTF funds is not warranted, the decision shall notify the grantee that its MHTF funds will not be recaptured on the grounds for which the hearing was held.
If the director of operations determines that recapture of MHTF funds is warranted, it shall notify the grantee of the grounds upon which such decision was reached. It shall further notify the grantee of its right to appeal the decision to the committee of directors pursuant to subsection 4 CSR 170.7-600(1)(G), as well as the time within which such request for a hearing with the committee of directors must be provided to the director of operations. The time for the filing of such request shall be thirty (30) days from the date on which the decision of the director of operations is received by the grantee;

(F) If the grantee fails to contest the director of operations’ decision within thirty (30) days from the date upon which it receives notice of such decision, the grantee’s right to appeal the decision shall be deemed waived and the decision of the director of operations shall be deemed final;

(G) If the grantee provides a timely response to the notice and exercises its right to appeal the decision of the director of operations, the committee of directors shall hold a hearing with the grantee within thirty (30) days of the date on which the request for a hearing is received by the director of operations. The deadline for conducting a hearing may be extended for one (1) additional thirty (30) day period upon written request of either the committee of directors or the grantee requesting the hearing, provided that notice of the request for extension must be provided to all parties;

(H) The following guidelines shall apply to the hearing held by the committee of directors:

The hearing shall not be considered a contested case;
The hearing shall be informal and no formal rules of evidence or procedure shall apply;
The commission may have its counsel present at the hearing;
The grantee may be represented by counsel at the hearing and shall have the right to present evidence or arguments relevant to the grounds upon which the recapture action is based. If the grantee elects to be represented by counsel at the hearing, it shall notify the committee of directors of this intent at least five (5) days prior to the scheduled hearing; and 5. The committee of directors, in reaching its decision may only consider items in the record of the hearing held by the director of operations. However, the committee of directors may also consider evidence that was not available at the initial hearing, but only if the party offering the additional evidence can show good cause for why it was not presented at the initial hearing. The committee of directors shall uphold the director of operations’ decision unless it determines that the director of operations’ decision was not based on competent and substantial evidence. If the committee of directors determines that the decision of the director of operations was not based on competent and substantial evidence, it may either— A. Overrule the decision of the director of operations and reinstate such amounts of the grantee’s funding under its grant agreement as the committee of directors may deem appropriate; or B. Remand the matter back to the director of operations if it determines that further investigation and fact gathering is necessary before a final conclusion may be reached. If the matter is remanded back to the director of operations, after the necessary additional investigation and/or fact gathering is completed, the director of operations will issue its determination, which shall be subject to appeal using the same procedures as set forth in subsections 4 CSR 170- 7.600(1)(E)–(H); and (I) Within thirty (30) days of the date upon which the appeal hearing is held, the committee of directors shall issue a decision in writing to the grantee, which shall be mailed by certified mail, return receipt requested.

This decision shall be considered the final decision of the commission on the matter.

However, this decision of the committee of directors shall not be considered final if it finds appropriate grounds to remand the matter back to the director of operations pursuant to subparagraph 4 CSR 170-7.600(1)(H)5.B.

If the matter is remanded back to the director of operations, the same procedures spelled out in subsections 4 CSR 170- 7.600(1)(C)–(I) shall apply for all further proceedings with the director of operations and/or the committee of directors until a final decision is reached.

Chapter 8 Debarment and Suspension Policy

4 CSR 170-8.010 Definitions {#sec-4-csr-170-8.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.010}

PURPOSE: This rule defines terms used in 4 CSR 170-8.

(1) When used in this chapter, the following terms shall have the following meaning:

(A) Adequate evidence. Information sufficient to support the reasonable belief that a particular act or omission has occurred;

(B) Affiliate. Persons are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other or a third person has control or has the power to control both. The ways used to determine control include, but are not limited to: a) interlocking management or ownership; b) identity of interest among family members; c) shared facilities and equipment; d) common use of employees; or e) a business entity which has been organized following the exclusion of a person which has the same or similar management, ownership, or principal employees as the excluded person;

(C) Civil judgment. The disposition of a civil action by any court of competent jurisdiction, whether entered by verdict, decision, settlement, stipulation, or otherwise creating a civil liability for the wrongful acts complained of; or a final determination of liability under the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-12);

(D) Commission. A governmental instrumentality of the state and a body corporate and politic created by Chapter 215, RSMo, and supplemented in Appendix B-1 to the Missouri Omnibus Reorganization Act of 1974;

(E) Commissioners. The appointed and ex officio members of the commission or their lawfully authorized designees;

(F) Commission subcommittee. A subgroup of the commission consisting of at least three (3) persons selected by the commission at the annual meeting of the commission (as defined in the Missouri Housing Development Commission (MHDC) bylaws) to which, among other responsibilities, is charged with carrying out the duties assigned to it under 4 CSR 170-8.140;

(G) Competent and substantial evidence.

Evidence that is reliable and probative and which a reasonable mind could accept as adequate to support a conclusion (i.e., evidence upon which the suspending official or debarring official could reasonably base its decision);

(H) Conviction. A judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, including a plea of nolo contendere;

(I) Counsel. An attorney or other legal advisor;

(J) Covered transaction. Any activity supported in part or in whole with funds and/or resources administered, granted, or disbursed by MHDC, including but not limited to grants, developments, or contracts for work paid for through funds and/or resources;

(K) Debarment. An action taken by a debarring official in accordance with these regulations to exclude a person from participating in covered transactions. A person so excluded is “debarred”;

(L) Debarring official. A commission subcommittee which is authorized to impose debarment following review of evidence and/or a hearing;

(M) Disqualification. Refers to a prohibition of a person from participation in one (1) or more programs or covered transactions for inability to meet some rule or basic requirement for participation outside of the terms of a suspension or debarment;

(N) Excluded Parties List System (EPLS).

List of parties debarred or otherwise excluded from receiving federal contracts maintained by the General Services Administration pursuant to 48 CFR 9.404;

(O) Excluded person. Refers to a person prohibited from participation in one (1) or more programs or covered transactions with the commission by virtue of being suspended or debarred under this chapter;

(P) Exclusion or excluded. Refers to a prohibition of a person from participation in one (1) or more programs or covered transactions with the commission by virtue of being suspended or debarred under this chapter;

(Q) Executive director. The person selected by the commissioners to serve as the chief executive of the MHDC;

(R) Funds. All monetary assistance granted and/or loaned by MHDC in relation to covered transactions, including but not limited to HOME funds, Missouri Housing Trust Funds, Affordable Housing Assistance Program, tax credit, and MHDC fund balance;

(S) General counsel. Chief lawyer of the MHDC;

(T) Grantee/subgrantee. A person or persons receiving funds in the form of a grant through an MHDC covered transaction, or a person subordinate to them who receives those grant funds from the grantee as part of an MHDC covered transaction;

(U) Identity of interest. An identity of interest relationship exists if any officer, corporate director, board member, or authorized agent of any participant— 1. Is also an officer, corporate director, board member, or authorized agent of any other participant or subparticipant;

Has a financial interest in any other participant or subparticipant;
Is a business partner of an officer, corporate director, board member, or authorized agent of any other participant or subparticipant;
Has a family relationship through blood, marriage, or adoption with an officer, corporate director, board member, or authorized agent of any participant or subparticipant; or 5. Advanced any funds or items of value to the sponsor/borrower participant;

(V) Indictment. Formal written accusation of a crime made by a grand jury and presented to a court of competent jurisdiction for prosecution against the accused person;

(W) Member of the immediate family.

Refers to any spouse, child, parent, or sibling of any person;

(X) MHDC. Missouri Housing Development Commission;

(Y) Ownership interest. An ownership interest shall be deemed to exist if a person, or member of the immediate family of a person, owns or controls, either directly or indirectly, more than twenty percent (20%) of the profits or assets of a firm, association, or partnership or more than twenty percent (20%) of the stock in a corporation for profit;

(Z) Participant. Any person who submits a proposal for or enters into a covered transaction, including all principals, agents, or representatives of a participant;

(AA) Person. Any individual, corporation, partnership, association, unit of government, or legal entity, however organized;

(BB) Primary participant. Any person who submits a proposal for or enters into a covered transaction, including an agent or representative of a participant who has directly and immediately contracted with MHDC in a covered transaction;

(CC) Principal. Any person who is a) an officer, corporate director, owner, partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction; or b) a consultant or other person, whether or not employed by the participant or paid with MHDC funds, who: 1) is in a position to handle MHDC funds; 2) is in a position to influence or control the use of those funds; or 3) occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform a covered transaction;

(DD) Program. Any activity which utilizes any funds and/or resources administered or controlled by the commission;

(EE) Recipient/subrecipient. A person or persons receiving funds and/or resources in any form through an MHDC covered transaction or a person subordinate to them who receives those funds from the primary recipient as part of an MHDC covered transaction;

(FF) Resources. All non-monetary benefits or assistance awarded or administered by MHDC in relation to covered transactions, including, but not limited to, federal and state tax credits;

(GG) Standards of conduct. The commission approved policy which identifies the way in which commissioners, commission staff, and persons must act in connection with all dealings relating to the work of the commission;

(HH) State. State of Missouri;

(II) Subparticipant. Any person who enters into a covered transaction, including an agent or representative of a subparticipant, who is or has directly and immediately contracted with a primary participant in a covered transaction;

(JJ) Suspending official. A commission subcommittee authorized to impose suspension pending review of evidence and/or a hearing;

(KK) Suspension. An action taken by a suspending official in accordance with these regulations that immediately excludes a person from participating in covered transactions for a temporary period, pending completion of an investigation and such legal and debarment, or other proceedings as may ensue; and (LL) Workforce eligibility policy. Refers to the then-existing policy of the MHDC which addresses worker eligibility. If no such policy exists, no action shall be taken under this

section relating to such a policy.

4 CSR 170-8.020 Parties to Which These Regulations Apply {#sec-4-csr-170-8.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.020}

PURPOSE: This rule establishes criteria for those parties subject to suspension and debarment procedures with the Missouri Housing Development Commission.

(1) Given a cause that justifies exclusion under these regulations, the Missouri Housing Development Commission (MHDC) may exclude any person who has been, is, or may reasonably be expected to be a participant or a principal in any covered transaction. Exclusion may include any affiliate of the participant that is specifically named and given notice of the proposed exclusion and an opportunity to respond.

(2) For the purposes of determining the scope of the exclusion, conduct may be imputed as follows:

(A) Conduct Imputed to Participants.

Conduct meeting any of the criteria in 4 CSR 170-8.060 on the part of any officer, corporate director, shareholder, partner, employee, or other individual associated with a participant may be imputed to the participant when the conduct occurred in connection with the individual’s performance of duties for or on behalf of the participant, or with the participant’s knowledge, approval, or acquiescence.

The participant’s acceptance of benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence;

(B) Conduct Imputed to Individuals Associated with Participant. Conduct meeting any of the criteria in 4 CSR 170-8.060 on the part of a participant may be imputed to any officer, corporate director, shareholder, partner, employee, or other individual associated with the participant who participated in, knew of, or had reason to know of the participant’s conduct; or (C) Conduct of One (1) Participant Imputed to Other Participants in a Joint Venture.

Conduct meeting any of the criteria in 4 CSR 170-8.060 on the part of one (1) participant in a joint application, or in similar arrangement, may be imputed to other participants if the conduct occurred for or on behalf of the joint venture, granted pursuant to a joint application, or similar arrangement with the knowledge, approval, or acquiescence of these participants. Acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.

4 CSR 170-8.030 Verification {#sec-4-csr-170-8.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.030}

PURPOSE: This rule establishes the list of excluded persons maintained by the Missouri Housing Development Commission and recommendations to verify parties through additional sources.

(1) The Missouri Housing Development Commission (MHDC) shall prepare, and make available upon request, a list of persons having been debarred or suspended in accordance with the procedures herein, including the effective date and term of such debarment or suspension. Such list will be current as of the revision date noted on the list.

(2) Participants or potential participants may also— (A) Check the Excluded Parties List System maintained by the federal government;

(B) Collect a certification from persons they wish to do business with; and/or (C) Add a clause to their own agreements with that person when involved in a covered transaction.

4 CSR 170-8.040 Business with Excluded Parties {#sec-4-csr-170-8.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.040}

PURPOSE: This rule establishes the requirements for doing business with an excluded person in a Missouri Housing Development Commission covered transaction.

(1) A non-excluded person may not enter into a covered transaction with an excluded person unless the Missouri Housing Development Commission (MHDC) grants an exception.

(2) If a person is excluded while involved in an existing covered transaction, the nonexcluded person may complete the covered transaction already in existence with that person, but the covered transaction agreements with the excluded person may not be renewed or extended unless the MHDC grants an exception.

(3) If a non-excluded person knowingly does business with an excluded person without first receiving an exception from MHDC, MHDC may disallow costs, annul or terminate the covered transaction, issue a stop work order, debar or suspend the person, or take other remedies as appropriate.

4CODE OF STATE REGULATIONS

(4) When entering into a covered transaction with a participant, the primary participant must require that participant to— (A) Comply with the requirements of these regulations and all other regulations to which the subparticipant’s participation in a covered transaction are subject to as well as all applicable state and federal laws and commission policies; and (B) Pass the requirements to comply with these regulations to each person with whom the subparticipant enters into a contract at the next lower level in furtherance of work performed on a covered transaction.

(5) An excluded person must, immediately upon written notice of their exclusion from MHDC, notify all parties in writing with whom they are currently participating in a covered transaction of MHDC’s decision to exclude them from such covered transactions.

Failure to do so may result in permanent debarment from future covered transactions.

4 CSR 170-8.050 Disclosure of Information to MHDC or Other Appropriate Officials (Voluntary vs. Involuntary) {#sec-4-csr-170-8.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.050}

PURPOSE: This rule establishes the requirements for disclosing information relevant to the issues of suspension and debarment.

(1) Before entering into a covered transaction as a primary participant, all persons must disclose whether they, or any of their principals for that covered transaction— (A) Are presently included in the Excluded Parties List System (EPLS);

(B) Are presently excluded or disqualified from participation in any similar transactions with any public housing authority, whether in the state of Missouri or any other state;

(C) Have been convicted within the preceding three (3) years of any of the offenses listed in 4 CSR 170-8.060 or had a civil judgment rendered against them for one (1) of these offenses within the same time period;

(D) Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses listed in 4 CSR 170-8.060; and (E) Have had one (1) or more public transactions (federal, state, or local) terminated within the preceding three (3) years for cause or default.

(2) Voluntary disclosure of unfavorable information by a primary participant about themselves or a principal, or by a subparticipant about themselves or a principal, will not necessarily result in exclusion from covered transactions. The Missouri Housing Development Commission (MHDC) will consider the information, along with any accompanying explanations, when making determinations as to whether to enter into a covered transaction with the primary participant.

(3) Failure to disclose unfavorable information known, or that should reasonably have been known, to the primary participant or their principal at the time of entering into the covered transaction may result in MHDC— (A) Terminating the covered transaction for material failure to comply with the terms and conditions of the covered transaction; or (B) Pursuing any other available remedies, including suspension and debarment.

(4) Information required to be disclosed in accordance with these regulations that becomes known to the primary participant, subparticipant, or their principals during a covered transaction to which they are party must be disclosed immediately.

(5) A change in circumstances which results in any of the primary participants, subparticipants, or their principals meeting any of the criteria in 4 CSR 170-8.060 during a covered transaction to which they are party must be disclosed immediately.

4 CSR 170-8.060 Causes for Debarment of a Person(s) {#sec-4-csr-170-8.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.060}

PURPOSE: This rule establishes the grounds upon which a person may be debarred from participating in covered transactions with the Missouri Housing Development Commission.

(1) In the public interest, the commission may debar a person for any of the following causes:

(A) Conviction or Civil Judgment for— 1. Acts of fraud or a criminal offense as an incident to obtaining or attempting to obtain a public or private contract, or subcontract thereunder, or in the performance of such contracts or subcontracts; or 2. Acts of embezzlement, theft, forgery, bribery, falsification or destruction of records, perjury, false swearing, receiving stolen property, obstruction of justice, or any other offense indicating a lack of business integrity or honesty; or 3. Violation of any federal or state antitrust statute, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; or 4. Violation of the federal Anti-Kickback Acts, 18 U.S.C. section 874 and 40 U.S.C. section 3145; or 5. Violation of any of the laws governing the conduct of elections of the federal government or of the state of Missouri or its political subdivisions; or 6. Violation of any Missouri laws prohibiting discrimination, including, but not limited to, acts of discrimination prohibited under section 213.040, RSMo, et seq., and

section 215.110, RSMo, et seq.; or 7. Violation of any laws governing hours of labor, minimum wage standards, prevailing wage standards, discrimination in wages, or child labor; or 8. Violations of any laws governing the conduct of occupations or professions or regulated industries; or 9. Any other offense, or violation of any other law(s), which may indicate a lack of responsibility, business integrity, or business honesty that seriously and directly affects the present responsibility of a person;

(B) Violation of the terms of a covered transaction so serious as to affect the integrity of a program administered by the commission such as— 1. A willful failure to perform in accordance with the terms of one (1) or more covered transactions, or within the contractual time limits for one (1) or more covered transactions;

A history of failure to perform or of unsatisfactory performance of one (1) or more covered transactions, provided that such failure or unsatisfactory performance has occurred within a reasonable time preceding the determination to debar and was caused by acts within the control of the person to be debarred; or 3. A willful violation of a statutory or regulatory provision or requirement applicable to a covered transaction;

(D) Failure to pay a single substantial debt or a number of outstanding debts (including disallowed costs and overpayment, but not including sums owed the federal government under the Internal Revenue Code) owed to any federal agency or instrumentality, provided the debt is uncontested by the debtor or, if contested, provided that the debtor’s legal and administrative remedies have been exhausted;

(E) Debarment by any instrumentality, department, or agency of the state of Missouri or of any other state;

(F) Debarment by the Department of Housing and Urban Development, Federal Housing Administration, or any other instru mentality, agency, or department of the United States government;

(G) Knowingly doing business with a debarred, suspended, ineligible, or voluntarily excluded person in connection with a covered transaction;

(H) Any violation of the Missouri Housing Development Commission (MHDC) Standards of Conduct;

(I) Improper communication in violation of the Contact with the Commission and Employees Policy;

(J) Violation of a material provision of any settlement of a debarment or suspension action; and (K) Any other cause affecting the responsibility of a person that is of such a serious and compelling nature as may be determined by the commission to warrant debarment, even if such conduct has not been or may not be prosecuted as a violation of any law or contract.

(2) Any act by an individual of any of the grounds for debarment stipulated under sub-

section (1)(A) may be imputed to an affiliate of a person where such conduct was accomplished within the course of the affiliate’s official duty or was effected by the individual with the knowledge or approval of such person.

4 CSR 170-8.070 Conditions Affecting the Debarment of a Person(s) {#sec-4-csr-170-8.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.070}

PURPOSE: This rule sets forth the conditions and level of proof required to debar a person.

(1) The following conditions shall apply concerning debarment:

(A) Debarment shall be made only upon approval of the members of the commission upon their own action or upon recommendation by the executive director of the commission, except as otherwise provided by law;

(B) The existence of any of the causes set forth in 4 CSR 170-8.060 shall not necessarily require that a person be debarred. In each instance, unless otherwise required by law, the decision to debar shall be made within the discretion of the commission, upon the recommendation of its members or upon recommendation by the executive director, taking into account the seriousness of the acts or omissions and any mitigating factors which the commission may consider and shall be rendered in the best interests of the state of Missouri;

(C) All mitigating factors shall be considered in determining the seriousness of the offense, failure, or inadequacy of performance in deciding whether debarment is warranted;

(D) The existence of a cause set forth in subsection 4 CSR 170-8.060(1)(A), as well as in subsection 4 CSR 170-8.060(1)(D) where the debt is contested, shall be established upon the rendering of a final judgment or conviction, including a guilty plea or a plea of nolo contendereby a court of competent jurisdiction or by an administrative agency empowered to render such judgment. In the event an appeal taken from such judgment or conviction results in reversal thereof, the debarment shall be removed upon request of the debarred person unless other cause for debarment exists;

(E) The existence of a cause set forth in paragraphs 4 CSR 170-8.060(1)(B)1.–3. or subsection 4 CSR 170-8.060(1)(H) or (1)(K) shall be established by competent and substantial evidence; and (F) Debarment for any cause set forth in subsections 4 CSR 170-8.060(1)(E)–(1)(F) shall be proper, provided that one (1) of the causes set forth in subsection 4 CSR 170- 8.060(1)(A), (1)(B), or (1)(K) was the basis for debarment by the original debarring agency. Such debarment may be based entirely on the record of facts obtained by the original debarring agency, or upon a combination of such facts and additional facts.

4 CSR 170-8.080 Period of Debarment {#sec-4-csr-170-8.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.080}

PURPOSE: This rule establishes guidelines for establishing the period of time for which debarment may be imposed, as well as the grounds upon which the period of debarment may be either extended, reduced, or terminated early.

(1) Debarment shall be for a reasonable, definitely stated period of time which, as a general rule, shall not exceed five (5) years. If a temporary suspension is imposed under section 4 CSR 170-8.140(2), the time of debarment imposed on the person shall be reduced by the amount of time the person was temporarily suspended.

(2) The debarring official may extend an existing debarment for an additional period at its discretion if the debarring official determines that an extension is necessary to protect the public interest. However, a debarment may not be extended solely on the basis of the facts and circumstances upon which the initial debarment action was based. If debarment for an additional period is determined to be necessary, the debarment procedures set forth in 4 CSR 170-8.060 shall be followed to extend the debarment.

(3) Except as otherwise provided by law, a debarment may be removed or the period thereof may be reduced in the discretion of the debarring official upon the submission of a good faith application under oath, supported by documentary evidence, setting forth substantial and appropriate grounds for the granting of relief. The debarring official may grant such a request for reasons including, but not limited to:

(A) Newly discovered material evidence;

(B) Reversal of the conviction or civil judgment upon which the debarment was based;

(D) Elimination of other causes for which the debarment was imposed; or (E) Other reasons which the debarring official may deem appropriate.

4 CSR 170-8.090 Scope and Effect of Debarment {#sec-4-csr-170-8.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.090}

PURPOSE: This rule establishes the scope and effect of the debarment of a person.

6CODE OF STATE REGULATIONS

(1) Debarment of a person under these regulations constitutes a debarment of all its divisions and other organizational elements from all covered transactions and shall effectively exclude the debarred person as either a grantee/recipient or subgrantee/subrecipient from any program. However, the debarring official may, in its discretion, limit the scope and terms of the debarment decision to one (1) or more specifically identified individuals, divisions, or other organizational elements or to specific types of transactions.

(2) A debarment may include all known affiliates of a person provided that each decision to include an affiliate is made on a case-bycase basis after giving due regard to all relevant facts and circumstances and provided that the procedures set forth in 4 CSR 170- 8.040 are followed for all such affiliates to be debarred.

(3) The debarring official may grant an exception permitting a debarred person to participate in one (1) or more programs upon a written determination by the debarring official stating the reasons for deviating from the debarment.

(4) At the discretion of the debarring official, an ongoing program or contractual arrangement may be carried out to completion by a debarred person notwithstanding the debarment.

(5) Any person engaged in a covered transaction with the commission shall not renew or extend covered transactions with any person who is debarred or suspended except as allowed under the preceding section.

4 CSR 170-8.100 Causes for Suspension of a Person(s) {#sec-4-csr-170-8.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.100}

PURPOSE: This rule establishes the causes for suspending a person from covered transactions with the Missouri Housing Development Commission.

(1) In the public interest, the Missouri Housing Development Commission (commission) may suspend a person for any cause specified in 4 CSR 170-8.060 or upon reasonable suspicion that such cause exists.

(2) The commission may also suspend a person awaiting verdict or civil judgment in any action as described in 4 CSR 170-8.060 until such verdict or civil judgment is rendered.

4 CSR 170-8.110 Conditions Affecting the Suspension of a Person(s) {#sec-4-csr-170-8.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.110}

PURPOSE: This rule establishes the conditions affecting the suspension of a person from covered transactions with the Missouri Housing Development Commission.

(1) The following conditions shall apply concerning suspension:

(A) Suspension shall be imposed only upon the approval of the executive director, either by his/her own action or upon recommendation by the Missouri Housing Development Commission (commission);

(B) The existence of any cause for suspension shall not require that a suspension be imposed, and any decision to suspend shall be at the discretion of the executive director of the commission, either upon their own action or upon recommendation by the executive director, and such decision shall be rendered in the best interests of the state;

(C) Suspension shall not be based upon unsupported accusation, but must be supported by adequate evidence that cause exists or upon evidence adequate to create a reasonable suspicion that cause exists;

(D) In assessing whether adequate evidence exists, consideration shall be given to the amount of credible evidence which is available, to the existence or absence of corroboration as to important allegations, and to inferences which may properly be drawn from the existence or absence of affirmative facts;

(E) Reasonable suspicion of the existence of a cause described in 4 CSR 170-8.060 may be established by the rendering of a final judgment or conviction by a court or administrative agency of competent jurisdiction, by grand jury indictment, or by evidence that such violations of civil or criminal law did in fact occur; and (F) A suspension or debarment invoked by another agency for any of the causes described in 4 CSR 170-8.060 may be the

basis for the imposition of a concurrent suspension by the commission, which suspension may be imposed when found to be in the best interest of the state.

4 CSR 170-8.120 Period of Suspension {#sec-4-csr-170-8.120 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.120}

PURPOSE: This rule establishes the criteria for determining the period of suspension of a person from a covered transaction with the Missouri Housing Development Commission.

(1) Suspension shall be for a temporary period of time pending the completion of an investigation by the Missouri Housing Development Commission (MHDC) into causes for debarment or while awaiting verdict or civil judgment in any action as described in 4 CSR 170-8.060, unless terminated sooner by the suspending official, or as provided in section (2) of this rule.

(2) If legal proceedings originating within MHDC or with a person outside of MHDC or administrative proceedings originating with a person outside of MHDC are not initiated within twelve (12) months, the suspension shall be terminated unless the suspending official determines that there is adequate evidence that cause for debarment exists, in which case the suspending official may extend the suspension for an additional six (6) months. In no event may a suspension under this section extend beyond eighteen (18) months unless proceedings have been initiated within that time period.

(3) If administrative proceedings originating with MHDC are not initiated within six (6) months, the suspension shall be terminated unless the suspending official determines that there is adequate evidence that cause for debarment exists, in which case the suspending official may extend for an additional six (6) months. In no event may a suspension for administrative proceedings originating within MHDC extend beyond twelve (12) months.

(4) The suspending official shall notify the general counsel of any proposed change(s) in the period of suspension at least forty-five (45) days prior to the proposed date of said change(s). The general counsel shall have fifteen (15) days to review the proposed change(s) to insure all proper procedures and policies have been followed. The excluded person shall be notified subsequent to the general counsel’s review, but in no event shall the excluded person be notified less than thirty (30) days prior to the date that the proposed change is to take effect.

4 CSR 170-8.130 Scope of Suspension {#sec-4-csr-170-8.130 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.130}

PURPOSE: This rule establishes the scope of suspension of a person from a covered transaction with the Missouri Housing Development Commission.

(1) Suspension of a person under these regulations constitutes suspension of all its divisions and other organizational elements from all covered transactions, unless the suspension is limited by its terms to one (1) or more specifically identified individuals, divisions, or other organizational elements or to specific types of transactions.

(2) A suspension may include all known affiliates of a person, provided that each decision to include an affiliate is made on a case-bycase basis after giving due regard to all relevant facts and circumstances. Such affiliates must be notified of said suspension and given an opportunity to respond in accordance with the procedure for suspension as set out in these regulations.

(3) The offense, failure, or inadequacy of performance of an individual may be imputed to a person’s affiliate where such conduct was accomplished within the course of his official duty or was effectuated by him with the knowledge or approval of such affiliate.

(4) At the discretion of the Missouri Housing Development Commission (commission), an ongoing program or contractual arrangement may be carried out to completion by a suspended person notwithstanding the suspension.

(5) Any person engaged in a covered transaction with the commission shall not renew or extend covered transactions with any person who is suspended except as allowed under the preceding section.

4 CSR 170-8.140 Suspension and Debarment Procedures {#sec-4-csr-170-8.140 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.140}

PURPOSE: This rule establishes the procedures for suspending or debarring a person and the procedures for obtaining reinstatement following the suspension or debarment.

(1) The debarment and suspension process shall be conducted as informally as practicable, consistent with the fundamental principles of fairness, using the procedures outlined as follows:

(A) When the commission subcommittee determines that grounds for suspension or debarment as described in 4 CSR 170-8.060 exist, the executive director shall notify the person by personal delivery or in writing by certified mail, return receipt requested, that suspension or debarment is under consideration. All such notices shall be sent via a traceable form of delivery service, such as Federal Express, UPS, certified mail, etc.

Such notice shall provide the following information:

What action is being considered (i.e., suspension or debarment);
The basis upon which suspension or debarment is being considered;
The proposed scope of the suspension or debarment;
The proposed time period of the suspension or debarment;
Notice of the person’s right to request an informal hearing with the commission subcommittee, which request must be made in writing; and 6. The time period within which the written request for a hearing must be received by the commission subcommittee. The time period provided in the notice shall be thirty (30) calendar days from the date of receipt by the executive director;

(B) If the person fails to respond to the notice within the time provided, the opportunity to exercise the rights provided in this section shall be deemed waived, and the executive director shall make the determination on whether to suspend or debar the person based on all the information germane to the issue and available to him. The person shall then be notified of the final decision in writing by certified mail, return receipt requested;

(C) If the person provides a timely response to the notice and exercises its right to a hearing with the commission subcommittee, the commission subcommittee shall hold a hearing with the person within thirty (30) days of the date the request for a hearing is received. The deadline for conducting the hearing may be extended for an additional thirty (30) days upon written request of the commission subcommittee or of the person for whom suspension or debarment is being considered, provided that notice of the extension is provided to all parties;

(D) The following guidelines and rules shall apply to a hearing held under this section:

The hearing shall not be considered a contested case;
The hearing shall be informal and no formal rules of evidence or procedure shall apply;
The person may be represented by counsel at the hearing and shall have the right to present evidence or arguments relevant to the grounds upon which the proposed suspension or debarment is based. If the person elects to be represented by counsel, the person shall notify the commission subcommittee of this intent at least five (5) days prior to the scheduled hearing;
The commission subcommittee, in reaching a decision, may consider information from any source which is relevant to the proposed suspension or debarment and shall consider all facts and circumstances upon which the proposed suspension or debarment is based, including, but not limited to:

A. The nature of the acts involved;

B. The duration of the person’s involvement in the acts;

C. The extent of the damage caused to the state of Missouri and the commission by the person’s acts;

D. Whether and to what extent the person subsequently cooperated with the appropriate authorities;

E. The conditions under which the person cooperated;

F. The degree to which the person made restitution;

G. The time when the acts occurred and the conduct of the person since that time; and/or H. Where the proposed suspension or debarment is based on a conviction or civil judgment or upon debarment by another local, state, or federal agency, the record of the court or agency rendering the decision;

The chairperson of the commission subcommittee may limit the hearing in time and substance in a manner which is reasonable to the present matter;
All hearings under this section shall be transcribed; and 7. The person or anyone acting on the behalf of or under the control of the person shall be prohibited from ex parte communication with any member of the Missouri 8CODE OF STATE REGULATIONS Housing Development Commission (commission) or the commission subcommittee;

(E) Within thirty (30) days of the date on which the hearing is held, the commission subcommittee shall issue a decision in writing to the person.

If the commission subcommittee determines that suspension or debarment is not warranted, the decision shall notify the person that they will not be suspended or debarred for the grounds on which the hearing was held. Further, if the person was suspended pending the outcome of the hearing, the decision shall state that the person’s suspension has been rescinded as of the date of the decision.
If the commission subcommittee determines that suspension or debarment is warranted, the decision shall notify the person of the following:

A. Whether the person is suspended or debarred;

B. The grounds upon which the suspension or debarment is being based;

C. The scope and duration of the suspension or debarment;

D. Any requirements the person must fulfill in order to be eligible to participate in programs and/or contracts administered by the commission following the termination of the suspension or debarment period;

E. Notice of the person’s right to appeal the commission subcommittee’s decision to the commission;

F. The time period within which a written appeal must be submitted to and received by the commission subcommittee and the commission. The time period for such appeal provided in the notice shall be thirty (30) days; and G. Whether or not the person may continue with any covered transaction already in progress;

(F) If the person submits an appeal to the commission, a hearing for the appeal shall be held within sixty (60) days of the date upon which the request for an appeal hearing is received by the commission. The deadline for conducting the hearing may be extended for an additional thirty (30) days upon written request of the commission or of the person filing the appeal, provided that notice of the extension is provided to all parties;

(G) The following guidelines and rules shall apply to an appeal hearing held by the commission:

The appeal hearing shall not be considered a contested case;
The hearing shall be informal and no formal rules of evidence or procedure shall apply;
The person may be represented by counsel at the hearing and shall have the right to present evidence or arguments relevant to the grounds upon which the decision to suspend or debar the person was based. If the person elects to be represented by counsel, the person shall notify the commission of this intent at least five (5) days prior to the scheduled hearing;
The chairperson of the commission may limit the hearing in time and substance in a manner which is reasonable to the present matter;
The commission, in reaching a decision, may only consider items in the record of the hearing held by the commission subcommittee; however, the commission may consider evidence that was not available at the initial hearing, but only if the person providing the additional evidence can show good cause for why it was not presented at the initial hearing. The commission shall uphold the commission subcommittee’s decision(s) unless it determines that the commission subcommittee’s decision was not based on competent and substantial evidence;

(H) Within thirty (30) days of the date upon which the appeal hearing is held, the commission shall issue a decision in writing to the person. This decision shall be considered the final decision of the commission on the matter. However, the commission’s decision shall not be considered final if the commission finds appropriate grounds to remand the issue back to the commission subcommittee for further investigation and fact gathering. If the commission does remand the issue back to the commission subcommittee, the same procedures spelled out in this rule shall apply to all further proceedings with the commission subcommittee and/or commission until a final decision is reached; and (I) Any appeal of the final determination of the commission under subsections 4 CSR 170-8.140(1)(F)–(H) shall be rightfully appealed only to a court of competent jurisdiction in Jackson County, Missouri.

(2) A person may be temporarily suspended pending the conclusion of all procedures set forth in section (1) of this rule. If a person is to be temporarily suspended, the initial notice described in subsection (1)(A) of this

rule shall, in addition to containing the information required under that subsection, include a statement that the person is being temporarily suspended pending a resolution of the issue and shall inform the person that the temporary suspension shall be effective as of the date the notice was mailed or personally delivered.

(3) In order to be granted reinstatement to good standing with the commission, and thereby be allowed to participate in programs and/or contracts administered by the commission, the suspended or debarred person must apply to the commission subcommittee for reinstatement upon completion of the term of suspension or debarment. Such application shall include any and all relevant documentation showing how the person has complied with all terms of the suspension or debarment and how the person has complied with all requirements stipulated in the original decision rendered by the commission subcommittee. The commission subcommittee may request additional information or documentation from the suspended or debarred person as they may deem reasonably necessary in order to render a determination on whether the application for reinstatement should be granted or denied. The executive director shall respond in writing to the person’s application for reinstatement within thirty (30) days of the date all requested information is received. However, the commission subcommittee may extend the response period for an additional thirty (30) days when deemed necessary at the commission subcommittee’s sole discretion, provided that the commission subcommittee provides written notice to the person submitting the application of the extension. If the commission subcommittee denies the application for reinstatement, the written response shall specify the reasons why the application has been denied and apprise the person of their right to request a hearing with the commission subcommittee.

In the event a hearing is so requested, the same procedures set forth in section (1) shall be used to reach a final determination by the commission on the application for reinstatement.

4 CSR 170-8.150 Prohibited Activities of Persons; Reporting Requirements {#sec-4-csr-170-8.150 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.150}

PURPOSE: This rule establishes prohibitions against certain activities and/or compensation being exchanged between commission members and employees and persons who are or may become a party to a covered transaction with the commission.

(1) In order to ensure that all persons meet a standard of responsibility which assures the Missouri Housing Development Commission (commission) and the state and its citizens that such persons will both compete and perform honestly in their dealings with the commission and avoid conflicts of interest, all persons shall comply with the commission’s Standards of Conduct Policy. To the extent a violation of the commission’s Standards of Conduct Policy calls for suspension or debarment procedures as it pertains to any person, the provisions of 4 CSR 170-8.140 shall be modified in the following manner:

(A) All references to the commission subcommittee in subsections 4 CSR 170-8.140 (1)(A)–(1)(E) shall be replaced with commission; and (B) Any appeal of an initial determination by the commission action under provisions of subsections 4 CSR 170-8.140(1)(A)–(1)(E) shall be appealed to a court of competent jurisdiction in Jackson County, Missouri.

4 CSR 170-8.160 Discretion {#sec-4-csr-170-8.160 omnilex-key=us-mo-regs-official--title-4--4 CSR 170-8.160}

PURPOSE: This rule establishes the discretion left to the commission to enter into or not enter into contracts with any person.

(1) Nothing contained herein shall be construed to limit the authority of the Missouri Housing Development Commission (commission) to contract or to refrain from contracting within the discretion allowed by law.

10CODE OF STATE REGULATIONS

Division 190 Division of Insurance*

Chapter 1 * - moved to Title 20

4 CSR 190-1 * - moved to Title 20 {#sec-4-csr-190-1 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-1}

Rebecca McDowell Cook (1/30/00)

Rules of Department of Economic Development

Chapter 1 SPECIAL NOTICE The Division of Insurance became the Department of Insurance on July 1, 1991, and is no longer under the Department of Economic Development. The regulations located at 4 CSR 190-1 have been transferred to 20 CSR 10-1 and 20 CSR 10-2.

Chapter 10 ** - General

4 CSR 190-10.010 Insurance Holding Company System Registration {#sec-4-csr-190-10.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.010}

(Moved to 20 CSR 200-11.100)

4 CSR 190-10.020 Proxies, Consents, Authorizations and Disclosure Requirements for Domestic Stock Insurers {#sec-4-csr-190-10.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.020}

(Moved to 20 CSR 200-11.200)

4 CSR 190-10.040 Management Contracts to be Filed With the Director of Insurance {#sec-4-csr-190-10.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.040}

(Moved to 20 CSR 200-11.300)

4 CSR 190-10.050 Retrospective Commission Contracts Prohibited {#sec-4-csr-190-10.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.050}

(Moved to 20 CSR 700-1.060)

4 CSR 190-10.055 Claims Practices When Retrospective Premiums Paid {#sec-4-csr-190-10.055 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.055}

(Moved to 20 CSR 100-1.200)

4 CSR 190-10.060 Unfair Claims Settlement Practices {#sec-4-csr-190-10.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.060}

(Moved to 20 CSR 100-1.010, 20 CSR 100- 1.020, 20 CSR 100-1.030, 20 CSR 100- 1.040, 20 CSR 100-1.050, 20 CSR 100- 1.100, 20 CSR 300-1.100, 20 CSR 300- 2.100 and 20 CSR 700-2.200)

4 CSR 190-10.070 Service of Process {#sec-4-csr-190-10.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.070}

(Moved to 20 CSR 800-2.010)

4 CSR 190-10.080 Fraudulent or Bad Faith Conduct {#sec-4-csr-190-10.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.080}

(Moved to 20 CSR 300-1.200)

4 CSR 190-10.100 Surplus Line Insurance {#sec-4-csr-190-10.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.100}

(Rescinded August 11, 1989)

Rescinded and readopted: Filed Jan. 15, 1979, effective May 11, 1979. Rescinded:

Filed March 23, 1989, effective Aug. 11, 1989.

History

AUTHORITY: sections 375.786 and 384.010ñ384.180, RSMo 1986. Original rule filed Dec. 5, 1969, effective Dec. 15, 1969.

4 CSR 190-10.101 Surplus Lines Insurance by Admitted Carriers {#sec-4-csr-190-10.101 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.101}

(Rescinded May 1, 1990)

Original rule filed May 4, 1987, effective Aug. 1, 1987. Emergency rule filed June 2, 1987, effective July 1, 1987, expired Aug. 1, 1987. Emergency rescission filed June 16, 1987, effective June 26, 1987, expired Aug. 1, 1987. Amended: Filed Aug. 4, 1987, effective Jan. 14, 1988. Rescinded: Filed Jan. 17, 1990, effective May 1, 1990.

History

AUTHORITY: section 374.045, RSMo 1986.

4 CSR 190-10.102 Diligent Search Requirements in Surplus Lines Insurance {#sec-4-csr-190-10.102 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.102}

(Rescinded May 1, 1990)

Original rule filed May 4, 1987, effective Aug. 1, 1987. Emergency rule filed June 2, 1987, effective July 1, 1987, expired Aug. 1, 1987. Emergency rescission filed June 16, 1987, effective June 26, 1987, expired Aug. 1, 1987. Rescinded: Filed Jan. 17, 1990, effective May 1, 1990.

History

AUTHORITY: section 374.045, RSMo 1986.

4 CSR 190-10.103 Surplus Lines Insurance Forms {#sec-4-csr-190-10.103 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.103}

(Moved to 20 CSR 200-6.100)

4 CSR 190-10.104 Surplus Lines Advisory Organizations {#sec-4-csr-190-10.104 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.104}

(Moved to 20 CSR 200-6.200)

4 CSR 190-10.105 Surplus Lines Insurance Fees and Taxes {#sec-4-csr-190-10.105 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.105}

(Moved to 20 CSR 200-6.300)

4 CSR 190-10.110 Filing Fees {#sec-4-csr-190-10.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.110}

(Moved to 20 CSR 400-8.100 and 20 CSR 500-8.100)

4 CSR 190-10.120 Unfair Trade Practices {#sec-4-csr-190-10.120 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-10.120}

(Moved to 20 CSR 100-2.100)

MATTBLUNT(8/31/01)

Chapter 10óGeneral4 CSR 190-10

Chapter 11 ** - Chief Examiner

4 CSR 190-11.005 Financial Condition of Insurance Companies {#sec-4-csr-190-11.005 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.005}

(Moved to 20 CSR 200-1.010)

4 CSR 190-11.010 Subordinated Indebtedness: Reporting, Accounting and Approval Required {#sec-4-csr-190-11.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.010}

(Moved to 20 CSR 200-1.070)

4 CSR 190-11.020 Salvage and Subrogation Recovered as Offset to Losses {#sec-4-csr-190-11.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.020}

(Moved to 20 CSR 200-1.080)

4 CSR 190-11.030 Exchange-Traded Call Options {#sec-4-csr-190-11.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.030}

(Rescinded August 11, 1989)

rule filed Dec. 23, 1975, effective Jan. 2, 1976. Rescinded and readopted: Filed Dec. 14, 1977, effective May 11, 1978. Rescinded:

Filed March 23, 1989, effective Aug. 11, 1989.

History

AUTHORITY: sections 374.045, 376.305, 376.307 and 379.080, RSMo 1986. Original

4 CSR 190-11.040 Mortgage Loans as Admissible Deposits {#sec-4-csr-190-11.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.040}

(Moved to 20 CSR 200-1.090 and 20 CSR 200-7.300)

4 CSR 190-11.050 Books, Records, Accounts and Vouchers {#sec-4-csr-190-11.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.050}

(Moved to 20 CSR 200-4.010)

4 CSR 190-11.060 Real Estate Held After the Expiration of Statutory Period of Ten Years {#sec-4-csr-190-11.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.060}

(Moved to 20 CSR 200-1.100)

4 CSR 190-11.070 ReinsuranceóLloydís, London, England {#sec-4-csr-190-11.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.070}

(Moved to 20 CSR 200-2.200)

4 CSR 190-11.080 Qualifications of Person Signing Annual Financial Statement as Actuary or Consulting Actuary {#sec-4-csr-190-11.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.080}

(Moved to 20 CSR 200-1.110)

4 CSR 190-11.090 Minimum Standards for Valuation of Life Insurance, Accident and Health Insurance Policies and Annuity Contracts Issued Subsequent to December 31, 1947 {#sec-4-csr-190-11.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.090}

(Moved to 20 CSR 200-1.140)

4 CSR 190-11.100 Take-Out Letters Limited {#sec-4-csr-190-11.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.100}

(Moved to 20 CSR 200-1.120)

4 CSR 190-11.110 Reinsurance Requiring Three-Commissioner Hearing {#sec-4-csr-190-11.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.110}

(Moved to 20 CSR 200-2.500)

4 CSR 190-11.120 Corporate Bonds and Notes as Admissible Deposits {#sec-4-csr-190-11.120 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.120}

(Moved to 20 CSR 200-7.100)

4 CSR 190-11.125 Financial Standards for Health Maintenance Organizations {#sec-4-csr-190-11.125 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.125}

(Moved to 20 CSR 200-1.040)

4 CSR 190-11.130 Reporting of Flexible Payment Deferred Annuity Contract Premiums {#sec-4-csr-190-11.130 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.130}

(Moved to 20 CSR 200-3.010)

4 CSR 190-11.140 Assets of Propertyó Casualty to be Carried as Surplus {#sec-4-csr-190-11.140 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.140}

(Rescinded August 11, 1989)

rule filed April 13, 1978, effective Aug. 11, 1978. Rescinded: Filed March 23, 1989, effective Aug. 11, 1989.

History

AUTHORITY: sections 374.045, 374.190, 379.010 and 379.235, RSMo 1986. Original

4 CSR 190-11.150 Deposit of Securities in a Clearing Corporation or a Federal Reserve Bank Under a Book-Entry System {#sec-4-csr-190-11.150 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.150}

(Moved to 20 CSR 200-7.200)

4 CSR 190-11.160 Capital and Surplus Requirements for Stock Property and Casualty Companies {#sec-4-csr-190-11.160 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.160}

(Rescinded May 1, 1990)

History

AUTHORITY: section 374.045.1(3), RSMo 1986. Emergency rule filed Aug. 17, 1987, effective Sept. 1, 1987, expired Nov. 30, 1987. Original rule filed Aug. 17, 1987, effective Dec. 1, 1987. Rescinded: Filed Jan. 17, 1990, effective May 1, 1990.

4 CSR 190-11.180 Financial Statement and Diskette Filing {#sec-4-csr-190-11.180 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.180}

(Moved to 20 CSR 200-1.030)

4 CSR 190-11.190 Federal Liability Risk Retention Act {#sec-4-csr-190-11.190 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.190}

(Moved to 20 CSR 200-8.100)

4 CSR 190-11.230 Accounting Standards and Principles {#sec-4-csr-190-11.230 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.230}

(Moved to 20 CSR 200-1.020)

4 CSR 190-11.240 Letters of Credit {#sec-4-csr-190-11.240 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.240}

(Moved to 20 CSR 200-1.130)

4 CSR 190-11.280 Financial Standards for Prepaid Dental Plans {#sec-4-csr-190-11.280 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.280}

(Moved to 20 CSR 200-1.050)

4 CSR 190-11.300 Life Reinsurance Agreements {#sec-4-csr-190-11.300 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.300}

(Moved to 20 CSR 200-2.300)

4 CSR 190-11.310 Insurance, Reinsurance and Assumption Reinsurance {#sec-4-csr-190-11.310 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.310}

(Moved to 20 CSR 200-2.400)

4 CSR 190-11.320 Chapter 383 Malpractice Association and Financial Condition {#sec-4-csr-190-11.320 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.320}

(Moved to 20 CSR 200-1.060)

4 CSR 190-11.330 Amendment and Restatement of Articles {#sec-4-csr-190-11.330 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.330}

(Moved to 20 CSR 200-5.010)

4 CSR 190-11.340 Managing General Agents {#sec-4-csr-190-11.340 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.340}

(Moved to 20 CSR 200-10.100, 20 CSR 200-10.200, 20 CSR 200-10.300, 20 CSR 200-10.400 and 20 CSR 200-10.500)

4 CSR 190-11.350 Credit for Reinsurance {#sec-4-csr-190-11.350 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-11.350}

(Moved to 20 CSR 200-2.100)

MATTBLUNT(8/31/01)

Chapter 11óChief Examiner4 CSR 190-11

Chapter 12 ** - Licensing of Agents

4 CSR 190-12.010 Possession of License and Agentsí Training (All Authorized Insurers) {#sec-4-csr-190-12.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.010}

(Rescinded March 11, 1978)

Filed Aug. 5, 1974, effective Aug 15, 1974.

Rescinded: Oct. 14, 1977, effective March 11, 1978.

History

AUTHORITY: sections 374.045 and 375.141 RSMo 1969. This version of rule filed Dec. 5, 1969, effective Dec. 15, 1969. Amended:

4 CSR 190-12.020 Agentsí Examination and Licensing Procedures and Standards {#sec-4-csr-190-12.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.020}

(Moved to 20 CSR 700-1.010)

4 CSR 190-12.025 Activities Requiring Licensure as Agent or Broker {#sec-4-csr-190-12.025 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.025}

(Moved to 20 CSR 700-1.020)

4 CSR 190-12.026 Certification Letters Submitted With Nonresident Agent and Brokerís License Applications {#sec-4-csr-190-12.026 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.026}

(Moved to 20 CSR 700-1.030)

4 CSR 190-12.027 Clearance Letters Submitted With Agentís and Brokerís Resident License Applications {#sec-4-csr-190-12.027 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.027}

(Moved to 20 CSR 700-1.040)

4 CSR 190-12.030 Payment of Earned Commissions to Agents and Brokers {#sec-4-csr-190-12.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.030}

(Moved to 20 CSR 700-1.050)

4 CSR 190-12.040 Coverages Permitted to be Sold Under Credit License {#sec-4-csr-190-12.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.040}

(Moved to 20 CSR 700-1.070)

4 CSR 190-12.050 Representatives of Reciprocal and Interinsurance Exchanges to be Licensed {#sec-4-csr-190-12.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.050}

(Moved to 20 CSR 700-1.080)

4 CSR 190-12.060 Fiduciary Duty of Broker {#sec-4-csr-190-12.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.060}

(Moved to 20 CSR 700-1.090)

4 CSR 190-12.070 Public Adjusters ReinsuranceóLloydís, London, England {#sec-4-csr-190-12.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.070}

(Moved to 20 CSR 700-2.100)

4 CSR 190-12.080 Insurance Brokers {#sec-4-csr-190-12.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.080}

(Moved to 20 CSR 700-1.100)

4 CSR 190-12.090 Licensing of Agencies {#sec-4-csr-190-12.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.090}

(Moved to 20 CSR 700-1.110)

4 CSR 190-12.100 Prelicensing Education for Agents and Brokers {#sec-4-csr-190-12.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.100}

(Moved to 20 CSR 700-3.100)

4 CSR 190-12.110 Certain Representatives of Prepaid Dental Corporations to be Licensed {#sec-4-csr-190-12.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.110}

(Moved to 20 CSR 700-1.020)

4 CSR 190-12.120 Appointment of Insurance Agents {#sec-4-csr-190-12.120 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.120}

(Moved to 20 CSR 700-1.130)

4 CSR 190-12.130 Continuing Education {#sec-4-csr-190-12.130 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.130}

(Moved to 20 CSR 700-3.200)

4 CSR 190-12.140 Licensing of Administrators {#sec-4-csr-190-12.140 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-12.140}

(Moved to 20 CSR 200-9.100, 20 CSR 200- 9.200, 20 CSR 200-9.300 and 20 CSR 200- 9.400)

MATTBLUNT(8/31/01)*

Chapter 12óLicensing of Agents4 CSR 190-12

Chapter 13 * - moved to Title 20

4 CSR 190-13 * - moved to Title 20 {#sec-4-csr-190-13 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-13}

Rebecca McDowell Cook (1/30/00)

Rules of Department of Economic Development

Chapter 13 SPECIAL NOTICE The Division of Insurance became the Department of Insurance on July 1, 1991, and is no longer under the Department of Economic Development. The regulations located at 4 CSR 190-13 have been transferred to 20 CSR 100-2, 20 CSR 400-1, 20 CSR 400-5, 20 CSR 400-8 and 20 CSR 600-2.

Chapter 14 ** - Accident and Health

4 CSR 190-14.010 Insuredís Right to Examination of Accident and Sickness Coverage {#sec-4-csr-190-14.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.010}

(Moved to 20 CSR 400-2.010)

4 CSR 190-14.020 Time Periods and Termination of Credit Accident and Sickness Insurance {#sec-4-csr-190-14.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.020}

(Moved to 20 CSR 600-2.510)

4 CSR 190-14.030 Hospital Indemnity Contracts Not Affected by Government Hospital {#sec-4-csr-190-14.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.030}

(Moved to 20 CSR 400-2.020)

4 CSR 190-14.040 Accident and Sickness Insurance Advertising {#sec-4-csr-190-14.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.040}

(Moved to 20 CSR 400-5.700)

4 CSR 190-14.050 Coordination of Benefit Provisions in Group Health Plans {#sec-4-csr-190-14.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.050}

(Moved to 20 CSR 400-2.030)

4 CSR 190-14.070 Notice to be Given to Parents Concerning Group and Blanket Student Accident Insurance Policies {#sec-4-csr-190-14.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.070}

(Moved to 20 CSR 400-2.040)

4 CSR 190-14.080 Notice of Renewal Dates on Renewal Policies {#sec-4-csr-190-14.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.080}

(Moved to 20 CSR 400-2.050)

4 CSR 190-14.090 Policy Approval Criteria {#sec-4-csr-190-14.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.090}

(Moved to 20 CSR 400-2.060)

4 CSR 190-14.100 Conversion Privilege of Group Coverage Required {#sec-4-csr-190-14.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.100}

(Moved to 20 CSR 400-2.070)

4 CSR 190-14.110 Medicare Supplement Insurance Policies {#sec-4-csr-190-14.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.110}

(Rescinded June 30, 1990)

History

AUTHORITY: sections 354.085, 354.120, 374.045, 376.777.7. and 376.850ñ376.890, RSMo 1986. Original rule filed Sept. 11, 1980, effective April 1, 1981. Rescinded and readopted: Filed July 14, 1982, effective Nov. 15, 1982. Rescinded: Filed Jan. 30, 1990, effective June 30, 1990.

4 CSR 190-14.112 Rule to Implement Transitional Requirements for the Conversion of Medicare Supplement Insurance Benefits and Premiums to Conform to Medicare Program Revisions {#sec-4-csr-190-14.112 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.112}

(Moved to 20 CSR 400-3.100)

4 CSR 190-14.113 Medicare Supplement Insurance Minimum Standards {#sec-4-csr-190-14.113 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.113}

(Moved to 20 CSR 400-3.200)

4 CSR 190-14.115 Medicare Supplement Loss Ratio Standards {#sec-4-csr-190-14.115 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.115}

(Moved to 20 CSR 400-3.300)

4 CSR 190-14.117 Medicare Supplement Data Reporting {#sec-4-csr-190-14.117 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.117}

(Moved to 20 CSR 600-1.010)

4 CSR 190-14.120 Conversion: Semiprivate Room Rate {#sec-4-csr-190-14.120 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.120}

(Moved to 20 CSR 400-2.080)

4 CSR 190-14.130 Group Health Classification {#sec-4-csr-190-14.130 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.130}

(Moved to 20 CSR 400-2.090)

4 CSR 190-14.140 Standards for Use of HIV Testing by Insurers, Health Service Corporations and Health Maintenance Organizations {#sec-4-csr-190-14.140 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.140}

(Moved to 20 CSR 400-2.100)

4 CSR 190-14.145 Life and Health Benefit Provisions Relating to HIV Infection and Application Questions and Underwriting Practices Relating to HIV Infection {#sec-4-csr-190-14.145 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.145}

(Moved to 20 CSR 400-2.110 and 20 CSR 400-2.120)

4 CSR 190-14.170 Group Health Filings {#sec-4-csr-190-14.170 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.170}

(Moved to 20 CSR 400-2.130)

4 CSR 190-14.410 Long-Term Care {#sec-4-csr-190-14.410 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.410}

(Moved to 20 CSR 100-1.300)

4 CSR 190-14.620 Model Regulation to Implement Transitional Requirements for the Conversion of Medicare Supplement Insurance Benefits and Premiums to Conform to Repeal of Medicare Catastrophic Coverage Act {#sec-4-csr-190-14.620 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.620}

(Moved to 20 CSR 400-3.400)

4 CSR 190-14.625 Medicare Supplement Insurance Minimum StandardsóDecember 31, 1990 {#sec-4-csr-190-14.625 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-14.625}

(Moved to 20 CSR 400-3.500)

MATTBLUNT(8/31/01)

Chapter 14óAccident and Health4 CSR 190-14

Chapter 15 ** - Health Service Corporations Life Insurance

4 CSR 190-15.010 Establishment and Computation of Reserves {#sec-4-csr-190-15.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.010}

(Moved to 20 CSR 400-6.100)

4 CSR 190-15.020 Approval Criteria for Membership Contracts {#sec-4-csr-190-15.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.020}

(Moved to 20 CSR 400-6.200)

4 CSR 190-15.030 Ambulatory Surgical Centers {#sec-4-csr-190-15.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.030}

(Moved to 20 CSR 400-6.300)

4 CSR 190-15.040 Benefit Payment Standards {#sec-4-csr-190-15.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.040}

(Moved to 20 CSR 400-6.400)

4 CSR 190-15.050 Enrollment Representatives Required to be Registered {#sec-4-csr-190-15.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.050}

(Rescinded April 11, 1988)

Filed Dec. 15, 1987, effective April 11, 1988.

History

AUTHORITY: sections 354.100 and 354.120, RSMo 1986. Original rule filed Sept. 18, 1974, effective Sept. 28, 1974. Rescinded:

4 CSR 190-15.060 Bylaws Required to be Filed {#sec-4-csr-190-15.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.060}

(Moved to 20 CSR 400-6.500)

4 CSR 190-15.070 Conversion Privilege {#sec-4-csr-190-15.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.070}

(Moved to 20 CSR 400-6.600)

4 CSR 190-15.075 Health Maintenance Organizations—Forms Which Must be Approved Prior to Use {#sec-4-csr-190-15.075 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.075}

(Moved to 20 CSR 400-7.010)

4 CSR 190-15.080 Health Maintenance Organizations—Changes to Documents Submitted to Obtain Original Certificate of Authority {#sec-4-csr-190-15.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.080}

(Moved to 20 CSR 400-7.020)

4 CSR 190-15.090 Health Maintenance Organizations—Mandatory Provisions— All Contracts {#sec-4-csr-190-15.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.090}

(Moved to 20 CSR 400-7.030)

4 CSR 190-15.100 Health Maintenance Organizations—Additional Mandatory Provisions—Individual Contracts and Evidences of Coverage {#sec-4-csr-190-15.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.100}

(Moved to 20 CSR 400-7.050)

4 CSR 190-15.110 Health Maintenance Organizations—Additional Mandatory Provisions—Group Contracts and Evidences of Coverage {#sec-4-csr-190-15.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.110}

(Moved to 20 CSR 400-7.040)

4 CSR 190-15.130 Health Maintenance Organizations—Integration With Other Benefits {#sec-4-csr-190-15.130 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.130}

(Moved to 20 CSR 400-7.060)

4 CSR 190-15.140 Health Maintenance Organizations—Bonding Requirements {#sec-4-csr-190-15.140 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.140}

(Moved to 20 CSR 400-7.070)

4 CSR 190-15.160 Health Maintenance Organizations—Enrollee Protection Provisions {#sec-4-csr-190-15.160 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.160}

(Moved to 20 CSR 400-7.080)

4 CSR 190-15.170 Health Maintenance Organizations—Service Area Expansion {#sec-4-csr-190-15.170 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.170}

(Moved to 20 CSR 400-7.090)

4 CSR 190-15.190 Health Maintenance Organizations—Copayments {#sec-4-csr-190-15.190 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-15.190}

(Moved to 20 CSR 400-7.100)

MATTBLUNT(8/31/01)

Chapter 16 ** - Property and Casualty

4 CSR 190-16.010 Nonstandard Dwelling Fire Insurance {#sec-4-csr-190-16.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.010}

(Moved to 20 CSR 500-3.100)

4 CSR 190-16.020 Marine, Inland, Definition With Scope of Coverage {#sec-4-csr-190-16.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.020}

(Moved to 20 CSR 500-1.200)

4 CSR 190-16.030 Use of Binders {#sec-4-csr-190-16.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.030}

(Moved to 20 CSR 500-1.300)

4 CSR 190-16.040 Property and Casualty Rate Regulatory Law Interpretations {#sec-4-csr-190-16.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.040}

(Moved to 20 CSR 500-4.100)

4 CSR 190-16.045 Property and Casualty Rate and Supplementary Rating Information Filings {#sec-4-csr-190-16.045 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.045}

(Moved to 20 CSR 500-4.200)

4 CSR 190-16.050 Statistical Agencies— Reports {#sec-4-csr-190-16.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.050}

(Rescinded August 11, 1989)

Amended: Filed Feb. 18, 1972, effective Feb. 28, 1972. Rescinded: Filed March 23, 1989, effective Aug. 11, 1989.

History

AUTHORITY: sections 374.045 and 379.351, RSMo 1986. Original rule filed July 27, 1964, effective Aug. 6, 1964. Amended: Filed Dec. 5, 1969, effective Dec. 15, 1969.

4 CSR 190-16.060 Standard Fire Insurance Policies {#sec-4-csr-190-16.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.060}

(Moved to 20 CSR 500-1.100)

4 CSR 190-16.070 Policyholder and Mutual Members Participation in Property and Casualty Policies {#sec-4-csr-190-16.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.070}

(Moved to 20 CSR 500-1.400)

(Moved to 20 CSR 500-4.300)

4 CSR 190-16.090 Experience of Comprehensive, Uninsured Motorists, Fire, Theft and C.A.C. Auto Coverage {#sec-4-csr-190-16.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.090}

(Moved to 20 CSR 500-2.700)

4 CSR 190-16.100 Mortgage Guaranty {#sec-4-csr-190-16.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.100}

(Moved to 20 CSR 500-1.500)

4 CSR 190-16.110 Credit Property {#sec-4-csr-190-16.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.110}

(Moved to 20 CSR 600-2.200)

4 CSR 190-16.120 Property and Casualty Insurance—Arbitration Provision {#sec-4-csr-190-16.120 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.120}

(Moved to 20 CSR 500-1.600)

4 CSR 190-16.130 Fee Charges for Procurement of Property and Casualty, Automobile and Excess Insurance {#sec-4-csr-190-16.130 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.130}

(Moved to 20 CSR 500-4.400)

4 CSR 190-16.140 Insurance Coverage on Motor Vehicles and Goods as Loan Collateral {#sec-4-csr-190-16.140 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.140}

(Moved to 20 CSR 500-1.700)

4 CSR 190-16.150 Medical Malpractice Associations {#sec-4-csr-190-16.150 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.150}

(Moved to 20 CSR 500-5.100)

4 CSR 190-16.160 Cancellation, Nonrenewal and Refusal to Write Certain Insurance Policies {#sec-4-csr-190-16.160 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.160}

(Moved to 20 CSR 500-3.200)

4 CSR 190-16.170 Credit Unemployment {#sec-4-csr-190-16.170 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.170}

(Moved to 20 CSR 600-2.300)

4 CSR 190-16.180 Definition of Medical Malpractice Insurance as Used in Section 383.500, RSMo {#sec-4-csr-190-16.180 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-16.180}

(Moved to 20 CSR 500-5.200)

MATTBLUNT(8/31/01)

Chapter 17 * - moved to Title 20

4 CSR 190-17 * - moved to Title 20 {#sec-4-csr-190-17 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-17}

Rebecca McDowell Cook (1/30/00)

Rules of Department of Economic Development

Chapter 17 SPECIAL NOTICE The Division of Insurance became the Department of Insurance on July 1, 1991, and is no longer under the Department of Economic Development. The regulations located at 4 CSR 190-17 have been transferred to 20 CSR 500-2.

Chapter 18 ** - Workers' Compensation

4 CSR 190-18.010 Workers’ Compensation and Employers’ Liability Policy and Endorsement Forms {#sec-4-csr-190-18.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-18.010}

(Moved to 20 CSR 500-6.100)

4 CSR 190-18.020 Premium Charges for Workers’ Compensation Insurance {#sec-4-csr-190-18.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-18.020}

(Moved to 20 CSR 500-6.200)

4 CSR 190-18.030 Workers’ Compensation Group Self-Insurance {#sec-4-csr-190-18.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-18.030}

(Moved to 20 CSR 500-6.300)

4 CSR 190-18.040 Workers’ Compensation Insurance Rate Deviation {#sec-4-csr-190-18.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-18.040}

(Moved to 20 CSR 500-6.400)

4 CSR 190-18.050 Workers’ Compensation Insurance Schedule Rating {#sec-4-csr-190-18.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-18.050}

(Rescinded January 1, 1987)

rule filed Aug. 15, 1983, effective Nov. 11, 1983. Rescinded: Filed May 2, 1986, effective Jan. 1, 1987.

History

AUTHORITY: sections 374.045, RSMo 1978 and 287.320, RSMo Supp. 1984. Original

4 CSR 190-18.060 Performance Standards for Workers’ Compensation Carriers {#sec-4-csr-190-18.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-18.060}

(Moved to 20 CSR 500-6.500)

4 CSR 190-18.070 Effective Date of Experience Rating Modification {#sec-4-csr-190-18.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-18.070}

(Moved to 20 CSR 500-6.600)

MATTBLUNT(8/31/01)

Chapter 19 * - moved to Title 20

4 CSR 190-19 * - moved to Title 20 {#sec-4-csr-190-19 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-19}

Rebecca McDowell Cook (1/30/00)

Rules of Department of Economic Development SPECIAL NOTICE The Division of Insurance became the Department of Insurance on July 1, 1991, and is no longer under the Department of Economic Development. The regulations located at 4 CSR 190-19 have been transferred to 20 CSR 800-1.

Chapter 20 ** - Title Insurance

4 CSR 190-20.010 Title Insurance Exchange of Data System Oct. 23, 1975. Rescinded: Published Oct. 1, {#sec-4-csr-190-20.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-20.010}

4 CSR 190-20.011 Title Insurance Forms and Rate Schedules {#sec-4-csr-190-20.011 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-20.011}

(Moved to 20 CSR 500-7.100)

4 CSR 190-20.020 Certificates of Title by Title Insurance Oct. 23, 1975. Rescinded: Published Oct. 1, {#sec-4-csr-190-20.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-20.020}

4 CSR 190-20.030 Brokers of Title Insurance Oct. 23, 1975. Rescinded: Published Oct. 1, {#sec-4-csr-190-20.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-20.030}

4 CSR 190-20.050 Title Insurance Policies, Filing and Issuance Oct. 23, 1975. Rescinded: Published Oct. 1, {#sec-4-csr-190-20.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-20.050}

4 CSR 190-20.060 Standards for Issuance of Title Insurance Policy {#sec-4-csr-190-20.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-20.060}

(Moved to 20 CSR 500-7.200)

MATTBLUNT(8/31/01)

Chapter 21 ** - Public Adjusters

4 CSR 190-21.010 Public Adjuster Contracts {#sec-4-csr-190-21.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-21.010}

(Moved to 20 CSR 700-2.300)

4 CSR 190-21.020 Practice of Law Prohibited {#sec-4-csr-190-21.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-21.020}

(Rescinded June 28, 1990)

Original rule filed Nov. 2, 1989, effective Feb. 15, 1990. Emergency rescission filed Feb. 9, 1990, effective Feb. 20, 1990, expired May 20, 1990. Rescinded: Filed March 19, 1990, effective June 28, 1990.

MATTBLUNT(8/31/01)

History

AUTHORITY: sections 374.045, RSMo 1986.

Chapter 22 * - moved to Title 20

4 CSR 190-22 * - moved to Title 20 {#sec-4-csr-190-22 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-22}

Rebecca McDowell Cook (1/30/00)

Rules of Department of Economic Development

Chapter 22 SPECIAL NOTICE The Division of Insurance became the Department of Insurance on July 1, 1991, and is no longer under the Department of Economic Development. The regulations located at 4 CSR 190-22 have been transferred to 20 CSR 600-2.400.

Chapter 23 * - moved to Title 20

4 CSR 190-23 * - moved to Title 20 {#sec-4-csr-190-23 omnilex-key=us-mo-regs-official--title-4--4 CSR 190-23}

Rebecca McDowell Cook (1/30/00)

Rules of Department of Economic Development

Chapter 23 SPECIAL NOTICE The Division of Insurance became the Department of Insurance on July 1, 1991, and is no longer under the Department of Economic Development. The regulations located at 4 CSR 190-23 have been transferred to 20 CSR 200-12.

Division 195 Division of Workforce Development

Chapter 1 * - Organization (Moved to 6 CSR 300-1)

4 CSR 195-1.010 General Organization {#sec-4-csr-195-1.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-1.010}

(Moved to 6 CSR 300-1.010)

Chapter 2 * - General Rules, Missouri Job Development Fund Training Program

4 CSR 195-2.030 Missouri Job Training Joint Legislative Oversight Committee ECONOMIC DEVELOPMENT Workforce Development Development Fund Training Programs {#sec-4-csr-195-2.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-2.030}

4 CSR 195-2.010 New or Expanding Industry Training Program {#sec-4-csr-195-2.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-2.010}

Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

History

AUTHORITY: section 620.472, RSMo (1994). Original rule filed May 4, 1987, effective July 23, 1987. Amended: Filed May 14, 1996, effective Dec. 30, 1996.

4 CSR 195-2.020 Basic Industry Retraining Program {#sec-4-csr-195-2.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-2.020}

Original rule filed May 4, 1987, effective July 23, 1987. Amended: Filed May 14, 1996, effective Dec. 30, 1996. Rescinded:

Filed Sept. 28, 2018, effective May 30, 2019.

History

AUTHORITY: section 620.474, RSMo (1994).

4 CSR 195-2.030 Missouri Job Training Joint Legislative Oversight Committee {#sec-4-csr-195-2.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-2.030}

JOHNR. ASHCROFT(4/30/19)

History

AUTHORITY: section 620.474, RSMo (1986). Original rule filed May 4, 1987, effective July 23, 1987. Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

Chapter 3 * - General Rules, Missouri Bond-Funded Industry Training Programs

4 CSR 195-3.010 New Jobs Training Program {#sec-4-csr-195-3.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-3.010}

(Rescinded May 30, 2019)

Original rule filed Dec. 16, 1988, effective April 27, 1989. Amended: Filed Oct. 16, 1990, effective March 14, 1991. Amended:

Filed July 29, 1994, effective Feb. 26, 1995.

Amended: Filed May 14, 1996, effective Dec. 30, 1996. Amended: Filed Nov. 1, 1996, effective May 30, 1997. Rescinded and readopted: Filed May 16, 2005, effective Dec. 30, 2005. Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

History

AUTHORITY: section 178.895, RSMo 2000.

4 CSR 195-3.020 Job Retention Training Program {#sec-4-csr-195-3.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-3.020}

(Rescinded May 30, 2019)

Original rule filed May 16, 2005, effective Dec. 30, 2005. Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

JOHNR. ASHCROFT(4/30/19)

History

AUTHORITY: section 178.763, RSMo Supp.

Chapter 4 * - General Rules, Missouri Youth Service and Conservation Corps Programs

4 CSR 195-4.010 The Missouri Youth Service and Conservation Corps ECONOMIC DEVELOPMENT Workforce Development Youth Service and Conservation Corps Programs {#sec-4-csr-195-4.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-4.010}

4 CSR 195-4.010 The Missouri Youth Service and Conservation Corps {#sec-4-csr-195-4.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-4.010}

(Rescinded May 30, 2019)

Original rule filed May 2, 1991, effective Sept. 30, 1991. Amended: Filed Nov. 16, 1992, effective June 7, 1993. Amended: Filed Feb. 10, 1995, effective July 30, 1995.

Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

JOHNR. ASHCROFT(4/30/19)

History

AUTHORITY: section 620.566, RSMo 1994.

Chapter 5 * - General Rules, Individual Training Account Program

4 CSR 195-5.020 Application to Participate and Qualifications for Tax Credits ECONOMIC DEVELOPMENT Workforce Development Training Account Program {#sec-4-csr-195-5.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-5.020}

4 CSR 195-5.010 Purpose; Business Eligibility {#sec-4-csr-195-5.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-5.010}

Original rule filed March 15, 2000, effective Oct. 30, 2000. Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

History

AUTHORITY: sections 620.1400, 620.1410, 620.1440 and 620.1460, RSMo Supp. 1999.

4 CSR 195-5.020 Application to Participate and Qualifications for Tax Credits {#sec-4-csr-195-5.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-5.020}

Filed Sept. 28, 2018, effective May 30, 2019.

History

AUTHORITY: sections 620.1410, 620.1420, 620.1430, 620.1440 and 620.1460, RSMo Supp. 1999. Original rule filed March 15, 2000, effective Oct. 30, 2000. Rescinded:

4 CSR 195-5.030 Employee/Trainee Eligibility {#sec-4-csr-195-5.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-5.030}

Original rule filed March 15, 2000, effective Oct. 30, 2000. Rescinded: Filed Sept. 28, 2018, effective May 30, 2019.

JOHNR. ASHCROFT(4/30/19)

History

AUTHORITY: sections 620.1410, 620.1420, 620.1440 and 620.1460, RSMo Supp. 1999.

Chapter 6 * - Show Me Heroes (Moved to 6 CSR 300-6) *rescinded

4 CSR 195-6.010 Purpose; Definitions {#sec-4-csr-195-6.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-6.010}

(Moved to 6 CSR 300-6.010)

4 CSR 195-6.020 Eligibility Requirements {#sec-4-csr-195-6.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-6.020}

(Moved to 6 CSR 300-6.020)

4 CSR 195-6.030 Training Agreements {#sec-4-csr-195-6.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-6.030}

(Moved to 6 CSR 300-6.030)

4 CSR 195-6.040 Training Plans {#sec-4-csr-195-6.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-6.040}

(Moved to 6 CSR 300-6.040)

4 CSR 195-6.050 Invoicing, Monitoring, and Reporting {#sec-4-csr-195-6.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 195-6.050}

(Moved to 6 CSR 300-6.050)

Division 196 Landscape Architectural Council

Chapter 1 Organization

4 CSR 196-1.010 Definitions {#sec-4-csr-196-1.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-1.010}

(Rescinded June 30, 2003)

Original rule filed Feb. 15, 1991, effective July 8, 1991. Rescinded: Filed Oct. 30, 2002, effective June 30, 2003.

History

AUTHORITY: section 327.609, RSMo Supp.

4 CSR 196-1.020 Landscape Architectural CouncilóGeneral Organization {#sec-4-csr-196-1.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-1.020}

(Rescinded April 30, 2003)

Original rule filed Feb. 15, 1991, effective July 8, 1991. Amended: Filed June 1, 2000, effective Nov. 30, 2000. Rescinded:

Filed Oct. 30, 2002, effective April 30, 2003.

MATTBLUNT(5/31/03)

Chapter 1óOrganization4 CSR 196-1

History

AUTHORITY: section 327.609, RSMo Supp.

Chapter 2 Applications

4 CSR 196-2.010 Filing Deadline for Examination and Registration {#sec-4-csr-196-2.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-2.010}

(Rescinded November 30, 2000)

Original rule filed Feb. 15, 1991, effective July 8, 1991. Rescinded: Filed June 1, 2000, effective Nov. 30, 2000.

4 CSR 196-2.020 Submitting an Application 1999 and 327.615, RSMo 1994. Original rule filed Feb. 15, 1991, effective July 8, 1991. {#sec-4-csr-196-2.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-2.020}

Amended: Filed June 1, 2000, effective Nov. 30, 2000. Rescinded: Filed Oct. 30, 2002, effective April 30, 2003.

4 CSR 196-2.030 Reviewing Applications for Registration 1990. Original rule filed Feb. 15, 1991, effective July 8, 1991. Rescinded: Filed Oct. 30, 2002, effective April 30, 2003. {#sec-4-csr-196-2.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-2.030}

4 CSR 196-2.040 Reconsideration of Denied Application for Registration 1990. Original rule filed Feb. 15, 1991, effective July 8, 1991. Rescinded: Filed Oct. 30, 2002, effective April 30, 2003. {#sec-4-csr-196-2.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-2.040}

MATTBLUNT(3/31/03)

Chapter 2óApplications4 CSR 196-2

Chapter 3 Reciprocity

4 CSR 196-3.010 EvaluationóReciprocity Application for Registration {#sec-4-csr-196-3.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-3.010}

(Rescinded April 30, 2003)

Original rule filed Feb. 15, 1991, effective July 8, 1991. Amended: Filed Sept. 4, 1991, effective March 9, 1992. Rescinded:

Filed Oct. 30, 2002, effective April 30, 2003.

MATTBLUNT(3/31/03)

Chapter 3óReciprocity4 CSR 196-3

History

AUTHORITY: section 327.609, RSMo Supp.

Chapter 4 CLARB Certification

4 CSR 196-4.010 Council of Landscape Architectural Registration Boardsí Certification {#sec-4-csr-196-4.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-4.010}

(Rescinded April 30, 2003)

Original rule filed Feb. 15, 1991, effective July 8, 1991. Rescinded: Filed Oct. 30, 2002, effective April 30, 2003.

MATTBLUNT(3/31/03)

Chapter 4óCLARB Certification4 CSR 196-4

History

AUTHORITY: section 327.609, RSMo Supp.

Chapter 5 Examinations

4 CSR 196-5.010 Uniform National Examinations and Plant Material ExaminationóAdoption and Admission {#sec-4-csr-196-5.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-5.010}

(Rescinded April 30, 2003)

Original rule filed Feb. 15, 1991, effective July 8, 1991. Amended: Filed June 1, 2000, effective Nov. 30, 2000. Rescinded: Filed Oct. 30, 2002, effective April 30, 2003.

History

AUTHORITY: sections 327.607 and 327.617, RSMo 1994 and 327.609, RSMo Supp. 1999.

4 CSR 196-5.020 Senior Landscape Architectís Examination {#sec-4-csr-196-5.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-5.020}

(Rescinded November 30, 2000)

Original rule filed Feb. 15, 1991, effective July 8, 1991. Rescinded: Filed June 1, 2000, effective Nov. 30, 2000.

History

AUTHORITY: section 327.609, RSMo Supp.

4 CSR 196-5.030 Uniform National ExaminationóPassing Score {#sec-4-csr-196-5.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-5.030}

(Rescinded November 30, 2000)

Original rule filed Feb. 15, 1991, effective July 8, 1991. Rescinded: Filed June 1, 2000, effective Nov. 30, 2000.

MATTBLUNT(3/31/03)

Chapter 5óExaminations4 CSR 196-5

History

AUTHORITY: section 327.609, RSMo Supp.

Chapter 6 Fees

4 CSR 196-6.010 Application, Registration, Renewal, Reinstatement and Miscellaneous Fees {#sec-4-csr-196-6.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-6.010}

(Rescinded April 30, 2003)

rule filed Feb. 15, 1991, effective July 8, 1991. Emergency amendment filed Aug. 14, 1991, effective Aug. 25, 1991, expired Dec. 23, 1991. Emergency amendment filed Sept. 4, 1991, effective Sept. 14, 1991, expired Jan. 11, 1992. Amended: Filed Sept. 4, 1991, effective March 9, 1992. Amended: Filed June 1, 2000, effective Nov. 30, 2000.

Rescinded: Filed Oct. 30, 2002, effective April 30, 2003.

MATTBLUNT(3/31/03)

Chapter 6óFees4 CSR 196-6

History

AUTHORITY: sections 327.609, RSMo Supp. 1999 and 327.625, RSMo 1994. Original

Chapter 7 Complaints and Correspondence

4 CSR 196-7.010 Handling Public Complaints and Routine Matters {#sec-4-csr-196-7.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-7.010}

(Rescinded April 30, 2003)

Amended: Filed June 1, 2000, effective Nov. 30, 2000. Rescinded: Filed Oct. 30, 2002, effective April 30, 2003.

MATTBLUNT(3/31/03)

Chapter 7óComplaints and Correspondence4 CSR 196-7

History

AUTHORITY: sections 327.609, RSMo Supp. 1999 and 327.631, RSMo 1994. Original rule filed Feb. 15, 1991, effective July 8, 1991.

Chapter 8 Council Seal

4 CSR 196-8.010 Official Seal Of The {#sec-4-csr-196-8.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-8.010}

(Rescinded November 30, 2000)

Original rule filed Feb. 15, 1991, effective July 8, 1991. Rescinded: Filed June 1, 2000, effective Nov. 30, 2000.

Rebecca McDowell Cook (10/31/00)

History

AUTHORITY: section 327.609, RSMo Supp.

Chapter 9 Registrant's Identification

4 CSR 196-9.010 Registrantís Identification {#sec-4-csr-196-9.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-9.010}

(Rescinded April 30, 2003)

Original rule filed Feb. 15, 1991, effective July 8, 1991. Rescinded: Filed Oct. 30, 2002, effective April 30, 2003.

MATTBLUNT(3/31/03)

Chapter 9óRegistrantís Identification4 CSR 196-9

History

AUTHORITY: section 327.609, RSMo Supp.

Chapter 10 Corporations, Partnerships, Associations and Limited Liability Companies

4 CSR 196-10.010 Application for Registration of Business Associations {#sec-4-csr-196-10.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-10.010}

(Rescinded April 30, 2003)

Amended: Filed June 1, 2000, effective Nov. 30, 2000. Rescinded: Filed Filed Oct. 30, 2002, effective April 30, 2003.

MATTBLUNT(3/31/03)

Chapter 10óCorporations, Partnerships, Associations, and Limited Liability Companies4 CSR 196-10

History

AUTHORITY: sections 327.609, RSMo Supp. 1999 and 327.630, RSMo 1994. Original rule filed Feb. 15, 1991, effective July 8, 1991.

Chapter 11 Landscape Architects-in-Training and Landscape Architectural Students

4 CSR 196-11.010 Recognition of Landscape Architects-in-Training and Landscape Architectural Students {#sec-4-csr-196-11.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-11.010}

(Rescinded April 30, 2003)

Original rule filed Feb. 15, 1991, effective July 8, 1991. Rescinded: Filed Oct. 30, 2002, effective April 30, 2003.

MATTBLUNT(3/31/03)

Chapter 11óLandscape Architects-in-Training and Landscape Architectural Students4 CSR 196-11

History

AUTHORITY: section 327.609, RSMo Supp.

Chapter 12 Public Records

4 CSR 196-12.010 Public Information and Records {#sec-4-csr-196-12.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 196-12.010}

(Rescinded April 30, 2003)

Original rule filed Feb. 15, 1991, effective July 8, 1991. Rescinded: Filed Oct. 30, 2003, effective April 30, 2003.

MATTBLUNT(3/31/03)

Chapter 12óPublic Records4 CSR 196-12

History

AUTHORITY: section 327.609, RSMo Supp.

Division 198 Motor Vehicle Commission

Chapter 5 Temporary Rules

4 CSR 198-5.010 Temporary Transition Procedures Emergency rule filed March 2, 1989, effective March 12, 1989, expired July 10, 1989. {#sec-4-csr-198-5.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 198-5.010}

Editor’s Note: The Motor Vehicle Commission has been moved to 12 CSR 60.

MATTBLUNT(8/31/01)

Division 260 Division of Savings and Loan Supervision

Chapter 1 Introduction

4 CSR 260-1.010 Description of Organization {#sec-4-csr-260-1.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-1.010}

(Rescinded April 30, 2023)

History

AUTHORITY: section 369.299, RSMo 1986. Original rule filed Dec. 22, 1975, effective Dec. 31, 1975. Amended: Filed June 7, 1979, effective Oct. 12, 1979. Amended: Filed Nov. 4, 1986, effective Jan. 30, 1987. Rescinded: Filed Oct. 20, 2022, effective April 30, 2023.

Chapter 2 * - Moved to 4 CSR 140

4 CSR 260-2.010 Filing Copies {#sec-4-csr-260-2.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-2.010}

(Moved to 4 CSR 140-14.010)

4 CSR 260-2.020 Time—Computation and Enlargement {#sec-4-csr-260-2.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-2.020}

(Moved to 4 CSR 140-14.020)

MATTBLUNT(9/30/01)

Chapter 3 * - Moved to 4 CSR 140

4 CSR 260-3.010 Accounting Procedures {#sec-4-csr-260-3.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-3.010}

(Moved to 4 CSR 140-15.010)

(Moved to 4 CSR 140-15.011)

(Rescinded January 30, 1987)

Original rule filed Sept. 6, 1984, effective Dec. 13, 1984. Rescinded: Filed Nov. 4, 1986, effective Jan. 30, 1987.

History

AUTHORITY: sections 369.129, RSMo Supp. 1982, 369.249 and 369.299, RSMo 1978.

4 CSR 260-3.020 Bond {#sec-4-csr-260-3.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-3.020}

(Moved to 4 CSR 140-15.020)

4 CSR 260-3.030 Inspection of Records {#sec-4-csr-260-3.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-3.030}

(Rescinded January 30, 1987)

Original rule filed Sept. 28, 1971, effective Oct. 7, 1971. Rescinded: Filed Nov. 4, 1986, effective Jan. 30, 1987.

History

AUTHORITY: section 369.299, RSMo 1978.

4 CSR 260-3.040 Subordinated Debt Security {#sec-4-csr-260-3.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-3.040}

(Moved to 4 CSR 140-15.040)

4 CSR 260-3.050 Mutual Capital Certificates {#sec-4-csr-260-3.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-3.050}

(Moved to 4 CSR 140-15.050)

MATTBLUNT(9/30/01)

Chapter 4 * - Moved to 4 CSR 140

4 CSR 260-4.010 Branch Offices, Mobile Facilities and Tandem Branch {#sec-4-csr-260-4.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-4.010}

(Moved to 4 CSR 140-16.010)

4 CSR 260-4.020 Remote Service Branch {#sec-4-csr-260-4.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-4.020}

(Rescinded November 13, 1978)

July 14, 1978, effective Nov. 13, 1978.

History

AUTHORITY; sections 369.299 and 369.329, RSMo Supp. 1975. Original rule filed Feb. 5, 1975, effective Feb. 15, 1975. Rescinded:

4 CSR 260-4.021 Letters of Intent {#sec-4-csr-260-4.021 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-4.021}

(Rescinded September 28, 1989)

Original rule filed July 14, 1978, effective Nov. 13, 1978. Rescinded: Filed June 23, 1989, effective Sept. 28, 1989.

History

AUTHORITY: section 369.299, RSMo 1986.

4 CSR 260-4.030 Agency {#sec-4-csr-260-4.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-4.030}

(Moved to 4 CSR 140-16.030)

4 CSR 260-4.035 Loan Office {#sec-4-csr-260-4.035 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-4.035}

(Moved to 4 CSR 140-16.035)

4 CSR 260-4.040 Drive-In or Pedestrian Facility {#sec-4-csr-260-4.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-4.040}

(Moved to 4 CSR 140-16.040)

4 CSR 260-4.050 Mergers {#sec-4-csr-260-4.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-4.050}

(Rescinded November 11, 1983)

Original rule filed July 14, 1978, effective Nov. 13, 1978. Rescinded: Filed Aug. 15, 1983, effective Nov. 11, 1983.

History

AUTHORITY: section 369.299, RSMo 1978.

4 CSR 260-4.060 Branch Applications— Remote Service Unit System Application {#sec-4-csr-260-4.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-4.060}

(Rescinded January 14, 1988)

Filed Aug. 15, 1983, effective Nov. 11, 1983.

Rescinded: Filed Sept. 15, 1987, effective Jan. 14, 1988.

MATTBLUNT(9/30/01)

History

AUTHORITY: sections 369.144, 369.299 and 369.329, RSMo 1986. Original rule filed July 14, 1978, effective Nov. 13, 1978. Amended:

Chapter 5 * - Moved to 4 CSR 140

4 CSR 260-5.010 Reserves {#sec-4-csr-260-5.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-5.010}

(Moved to 4 CSR 140-17.010)

4 CSR 260-5.020 Liquidity {#sec-4-csr-260-5.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-5.020}

(Moved to 4 CSR 140-17.020)

MATTBLUNT(9/30/01)

Chapter 5óReserves and Liquidity4 CSR 260-5

Chapter 6 * - Moved to 4 CSR 140

4 CSR 260-6.010 Procedures for Contested Cases {#sec-4-csr-260-6.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-6.010}

(Moved to 4 CSR 140-18.010)

MATTBLUNT(9/30/01)

Chapter 7 * - Moved to 4 CSR 140

4 CSR 260-7.010 Appraisals {#sec-4-csr-260-7.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-7.010}

(Moved to 4 CSR 140-19.010)

MATTBLUNT(9/30/01)

Chapter 8 * - Moved to 4 CSR 140

4 CSR 260-8.010 Definitions {#sec-4-csr-260-8.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.010}

(Moved to 4 CSR 140-20.010)

4 CSR 260-8.015 Establishment and Maintenance of Records {#sec-4-csr-260-8.015 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.015}

(Moved to 4 CSR 140-20.015)

4 CSR 260-8.020 Advances {#sec-4-csr-260-8.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.020}

4 CSR 260-8.021 Alternative Mortgage Instrument {#sec-4-csr-260-8.021 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.021}

4 CSR 260-8.022 Real Estate Loans {#sec-4-csr-260-8.022 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.022}

4 CSR 260-8.025 Types of Loans {#sec-4-csr-260-8.025 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.025}

(Moved to 4 CSR 140-20.025)

4 CSR 260-8.030 Home Improvement {#sec-4-csr-260-8.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.030}

(Rescinded November 12, 1981)

4 CSR 260-8.031 Residential Real Estate {#sec-4-csr-260-8.031 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.031}

(Moved to 4 CSR 140-20.031)

4 CSR 260-8.035 Other Real Estate Loans {#sec-4-csr-260-8.035 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.035}

(Moved to 4 CSR 140-20.035)

4 CSR 260-8.040 Mobile Home Loans {#sec-4-csr-260-8.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.040}

4 CSR 260-8.041 Commercial Loans {#sec-4-csr-260-8.041 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.041}

(Moved to 4 CSR 140-20.041)

4 CSR 260-8.045 Commercial Loans {#sec-4-csr-260-8.045 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.045}

4 CSR 260-8.046 Consumer Loans {#sec-4-csr-260-8.046 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.046}

(Moved to 4 CSR 140-20.046)

4 CSR 260-8.050 Education Loans {#sec-4-csr-260-8.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.050}

4 CSR 260-8.051 Consumer Loans {#sec-4-csr-260-8.051 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.051}

4 CSR 260-8.052 Loans to Officers, Directors and Employees {#sec-4-csr-260-8.052 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.052}

(Moved to 4 CSR 140-20.052)

4 CSR 260-8.055 Wrap-Around Real Estate Loans {#sec-4-csr-260-8.055 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.055}

(Moved to 4 CSR 140-20.055)

4 CSR 260-8.060 Loans Secured by {#sec-4-csr-260-8.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.060}

4 CSR 260-8.061 Education Loans {#sec-4-csr-260-8.061 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.061}

(Moved to 4 CSR 140-20.061)

4 CSR 260-8.065 Manufactured Home {#sec-4-csr-260-8.065 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.065}

(Moved to 4 CSR 140-20.065)

4 CSR 260-8.070 Miscellaneous Loans {#sec-4-csr-260-8.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.070}

4 CSR 260-8.071 Loans Secured by {#sec-4-csr-260-8.071 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.071}

4 CSR 260-8.072 Alternative Mortgage Instruments {#sec-4-csr-260-8.072 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.072}

(Moved to 4 CSR 140-20.072)

4 CSR 260-8.075 Line-of-Credit Construction Loans {#sec-4-csr-260-8.075 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.075}

(Moved to 4 CSR 140-20.075)

4 CSR 260-8.080 Consumer Loans {#sec-4-csr-260-8.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.080}

4 CSR 260-8.081 Loans on Cooperatives {#sec-4-csr-260-8.081 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.081}

4 CSR 260-8.082 Line-of-Credit Construction Loans {#sec-4-csr-260-8.082 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.082}

4 CSR 260-8.083 Letters of Credit {#sec-4-csr-260-8.083 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.083}

(Moved to 4 CSR 140-20.083)

4 CSR 260-8.085 Loans on Cooperatives {#sec-4-csr-260-8.085 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.085}

(Moved to 4 CSR 140-20.085)

4 CSR 260-8.090 Miscellaneous Loans {#sec-4-csr-260-8.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.090}

4 CSR 260-8.091 Loans Secured by ((Moved to 4 CSR 140-20.091) {#sec-4-csr-260-8.091 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.091}

4 CSR 260-8.095 Letters of Credit {#sec-4-csr-260-8.095 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.095}

4 CSR 260-8.096 Loans on Securities {#sec-4-csr-260-8.096 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.096}

(Moved to 4 CSR 140-20.096)

4 CSR 260-8.100 Loans to Homeowners {#sec-4-csr-260-8.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-8.100}

(Rescinded December 29, 1988)

Chapter 9 * - Moved to 4 CSR 140

4 CSR 260-9.010 Limit on Uninsured Investments {#sec-4-csr-260-9.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-9.010}

(Rescinded November 13, 1978)

Filed June 23, 1975, effective July 3, 1975.

Rescinded: Published Aug. 1, 1978, effective Nov. 13, 1978.

History

AUTHORITY: sections 369.299, 369.219 RSMo Supp. 1975. Original rule filed Sept. 28, 1971, effective Oct. 8, 1971. Amended:

4 CSR 260-9.011 Sources of Borrowed Money {#sec-4-csr-260-9.011 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-9.011}

(Moved to 4 CSR 140-21.011)

4 CSR 260-9.020 Investment Authority in General {#sec-4-csr-260-9.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-9.020}

Filed Nov. 4, 1986, effective Jan. 30, 1987.

History

AUTHORITY: sections 369.219 and 369.299, RSMo 1978. Original rule filed July 14, 1978, effective Nov. 13, 1978. Rescinded:

4 CSR 260-9.021 Authorized Investments {#sec-4-csr-260-9.021 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-9.021}

(Moved to 4 CSR 140-21.021)

4 CSR 260-9.030 Investments in Government Securities {#sec-4-csr-260-9.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-9.030}

Filed Aug. 15, 1983, effective Nov. 11, 1983.

Rescinded: Filed Nov. 4, 1986, effective Jan. 30, 1987.

History

AUTHORITY: sections 369.219 and 369.299, RSMo 1978. Original rule filed July 14, 1978, effective Nov. 13, 1978. Amended:

4 CSR 260-9.031 Forward Commitments, Interest-Rate Futures and Financial Options Transactions {#sec-4-csr-260-9.031 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-9.031}

(Moved to 4 CSR 140-21.031)

4 CSR 260-9.040 Development Finance Corporation Investments and Loans {#sec-4-csr-260-9.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-9.040}

(Moved to 4 CSR 140-21.040)

4 CSR 260-9.050 Futures Transactions {#sec-4-csr-260-9.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-9.050}

MATTBLUNT(9/30/01)

History

AUTHORITY: sections 369.144 and 369.299, RSMo 1978. Original rule filed Feb. 8, 1982, effective May 13, 1982. Rescinded: Filed Nov. 4, 1986, effective Jan. 30, 1987.

Chapter 10 * - Moved to 4 CSR 140

4 CSR 260-10.010 Distribution of Earnings {#sec-4-csr-260-10.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-10.010}

(Moved to 4 CSR 140-22.010)

4 CSR 260-10.020 Savings and Deposit Accounts {#sec-4-csr-260-10.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-10.020}

(Moved to 4 CSR 140-22.020)

4 CSR 260-10.030 Withdrawals {#sec-4-csr-260-10.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-10.030}

(Moved to 4 CSR 140-22.030)

4 CSR 260-10.040 Service Charge on Small Accounts {#sec-4-csr-260-10.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-10.040}

(Moved to 4 CSR 140-22.040)

4 CSR 260-10.050 Third Party Transfers {#sec-4-csr-260-10.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-10.050}

(Moved to 4 CSR 140-22.050)

4 CSR 260-10.060 Investment of Public Funds {#sec-4-csr-260-10.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-10.060}

(Moved to 4 CSR 140-22.060)

4 CSR 260-10.070 Keogh and IRA Accounts {#sec-4-csr-260-10.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-10.070}

(Moved to 4 CSR 140-22.070)

4 CSR 260-10.080 Credit and Debit Cards {#sec-4-csr-260-10.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-10.080}

(Moved to 4 CSR 140-22.080)

MATTBLUNT(9/30/01)

Chapter 11 * - Moved to 4 CSR 140

4 CSR 260-11.010 Service Corporations {#sec-4-csr-260-11.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-11.010}

(Moved to 4 CSR 140-23.010)

4 CSR 260-11.020 Foreign Service Corporation {#sec-4-csr-260-11.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-11.020}

(Moved to 4 CSR 140-23.020)

4 CSR 260-11.030 Finance Subsidiaries {#sec-4-csr-260-11.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-11.030}

(Moved to 4 CSR 140-23.030)

MATTBLUNT(9/30/01)

Chapter 12 * - Moved to 4 CSR 140

4 CSR 260-12.010 Deposit Associations {#sec-4-csr-260-12.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-12.010}

(Moved to 4 CSR 140-24.010)

4 CSR 260-12.020 Emergencies {#sec-4-csr-260-12.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-12.020}

(Moved to 4 CSR 140-24.020)

4 CSR 260-12.030 Conversion from Federal to State Association {#sec-4-csr-260-12.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-12.030}

(Moved to 4 CSR 140-24.030)

4 CSR 260-12.040 Loans of Federal Funds {#sec-4-csr-260-12.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-12.040}

(Rescinded January 30, 1987)

Filed Nov. 4, 1986, effective Jan. 30, 1987.

History

AUTHORITY: sections 369.229 and 369.299, RSMo 1978. Original rule filed Feb. 26, 1974, effective March 7, 1974. Rescinded:

4 CSR 260-12.050 Examination Charges {#sec-4-csr-260-12.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-12.050}

(Moved to 4 CSR 140-24.050)

4 CSR 260-12.070 Savings Banks {#sec-4-csr-260-12.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-12.070}

This rule was suspended by the Joint Committee on Administrative Rules on February 22, 1990.

4 CSR 260-12.080 Conversion to a Federal Mutual Holding Company {#sec-4-csr-260-12.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-12.080}

(Moved to 4 CSR 140-24.080)

MATTBLUNT(9/30/01)

Chapter 13 * - Moved to 4 CSR 140

4 CSR 260-13.010 Electronic Fund Transfer Systems {#sec-4-csr-260-13.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-13.010}

(Moved to 4 CSR 140-25.010)

4 CSR 260-13.020 Foreign Association Remote Service Units {#sec-4-csr-260-13.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-13.020}

(Moved to 4 CSR 140-25.020)

MATTBLUNT(9/30/01)

Chapter 14 * - Moved to 4 CSR 140

4 CSR 260-14.010 Abandoned Funds {#sec-4-csr-260-14.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-14.010}

(Rescinded January 30, 1987)

Original rule filed May 15, 1979, effective Aug. 11, 1979. Rescinded: Filed Nov. 4, 1986, effective Jan. 30, 1987.

History

AUTHORITY: section 362.396 RSMo 1978.

4 CSR 260-14.011 Transactions of Business in Missouri by Foreign Associations {#sec-4-csr-260-14.011 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-14.011}

(Moved to 4 CSR 140-26.011)

4 CSR 260-14.020 Regional Acquisitions and Mergers {#sec-4-csr-260-14.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-14.020}

(Moved to 4 CSR 140-26.020)

MATTBLUNT(9/30/01)

Chapter 15 * - Moved to 4 CSR 140

4 CSR 260-15.010 Trust Powers {#sec-4-csr-260-15.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-15.010}

(Moved to 4 CSR 140-27.010)

MATTBLUNT(9/30/01)

Chapter 16 * - Moved to 4 CSR 140

4 CSR 260-16.010 Conversion of Mutual Associations to Stock Associations {#sec-4-csr-260-16.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 260-16.010}

(Moved to 4 CSR 140-28.010)

MATTBLUNT(9/30/01)

Division 262 Small Business Regulatory Fairness Board

Chapter 1 General Rules

4 CSR 262-1.010 Small Business Impact Statement Requirements {#sec-4-csr-262-1.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 262-1.010}

PURPOSE: This rule requires agencies to use the Small Business Impact Statement form provided by the Department of Economic Development when filing an impact statement with the Small Business Regulatory Fairness Board (board). Also, this rule establishes that the information required by section 536.300, RSMo, must be included in the small business impact statement in order for the board to accept and file the rulemaking and small business statement. In addition, this rule requires that both a hard copy and an electronic copy of the rulemaking be filed with the board.

(1) Agencies filing proposed rulemaking with the Small Business Regulatory Fairness Board (board) shall submit with the rulemaking:

(A) Rule Transmittal;

(B) The proposed rulemaking language;

(D) The private entity fiscal note; and (E) A small business impact statement.

(2) Agencies filing a small business impact statement shall use the form provided by the Department of Economic Development, included herein.

(3) Small business impact statements must address each element required pursuant to

section 536.300.2, RSMo, in order to be filed with Small Business Regulatory Fairness Board.

(4) The agency shall both file a hard copy with the board and transmit or deliver an electronic copy to the board.

4CODE OF STATE REGULATIONS

6CODE OF STATE REGULATIONS

rule filed Nov. 22, 2006, effective June 30, 2007. *Original authority: 536.300, RSMo 2004, amended 2005 and 536.305, RSMo 2004, amended 2005.

History

AUTHORITY: sections 536.300 and 536.305.7, RSMo Supp. 2006. Original

4 CSR 262-1.020 Post Public Hearing Small Business Statement {#sec-4-csr-262-1.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 262-1.020}

PURPOSE: This rule requires agencies to use the Post Public Hearing Small Business Statement form provided by the Department of Economic Development when filing the post public hearing statement with the Small Business Regulatory Fairness Board (board).

The statement must contain the information required by section 536.303.1, RSMo, in order for the board to accept and file the post public hearing statement. In addition, this

rule requires the agency to file both a hard copy and an electronic copy of the statement with the board.

(1) Agencies filing a post public hearing small business statement as required by section 536.303, RSMo, shall use the form provided by the Department of Economic Development, included herein.

(2) Post public hearing small business statements must address each element required pursuant to section 536.303.1, RSMo, in order to be filed with the Small Business Regulatory Fairness Board (board).

(3) The agency shall both file a hard copy with the board and transmit or deliver an electronic copy to the board.

8CODE OF STATE REGULATIONS

rule filed Nov. 22, 2006, effective June 30, 2007. *Original authority: 536.303, RSMo 2005 and 536.305, RSMo 2004, amended 2005.

History

AUTHORITY: sections 536.303 and 536.305.7, RSMo Supp. 2006. Original

Division 265 Division of Motor Carrier and Railroad Safety

Chapter 2 * - Practice and Procedure

4 CSR 265-2.055 Name and Address Changes for Motor Carriers {#sec-4-csr-265-2.055 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.055}

4 CSR 265-2.057 Interpretation of Federal Preemption Under Section 601 of the Federal Aviation Administration Authorization Act of 1994 {#sec-4-csr-265-2.057 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.057}

4 CSR 265-2.060 General Application Requirements for the Issuance and Transfer of Intrastate Motor Carrier Certificates, Permits and Temporary Authority {#sec-4-csr-265-2.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.060}

4 CSR 265-2.061 Applications for Intrastate General or Special Commodity Common Carriage Truckload Lots, Agricultural Commodities in Bulk in Dump Trucks {#sec-4-csr-265-2.061 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.061}

4 CSR 265-2.062 Application for Dump Truck (Other Than Agricultural Commodities in Bulk in Dump Trucks), Mobile Home, Household Goods, Noncharter Passenger, Gasoline, Fuel Oil, Liquefied Gasoline Petroleum Gas, Boats and Less-Than-Truckload Contract Carriage Authority {#sec-4-csr-265-2.062 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.062}

4 CSR 265-2.063 Applications for Intrastate General or Special Commodity Contract Carriage Truckload Lots, Agricultural Commodities in Bulk in Dump Trucks and {#sec-4-csr-265-2.063 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.063}

4 CSR 265-2.065 Applications for Interstate Motor Carrier Permits and Intrastate Regular Route Passenger Certificates Issued Pursuant to 49 U.S.C. 10922(c)(2) {#sec-4-csr-265-2.065 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.065}

2CODE OF STATE REGULATIONS

4 CSR 265-2.067 Application to Issue or Create Certain Debt Instruments {#sec-4-csr-265-2.067 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.067}

4 CSR 265-2.069 Application for Approval of Corporation to Acquire Capital Stock of Common Carrier Incorporated Under Missouri Law Pursuant to {#sec-4-csr-265-2.069 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.069}

4 CSR 265-2.180 Discontinuance of Service; Suspension and Revocation of {#sec-4-csr-265-2.180 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.180}

4 CSR 265-2.190 Merger of Duplicated or Overlapping Motor Carrier Operating Authority {#sec-4-csr-265-2.190 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.190}

4 CSR 265-2.200 Motor Carrier Notice Register Publication, Scope and Subscription Orders {#sec-4-csr-265-2.200 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.200}

4 CSR 265-2.300 Railroad Safety Applications (Other Than Railroad-Highway Crossings) {#sec-4-csr-265-2.300 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.300}

4 CSR 265-2.322 Approved Installation of Stop Signs at Highway-Rail Grade Crossings {#sec-4-csr-265-2.322 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.322}

4 CSR 265-2.324 Changes to Highway-Rail Grade Crossing Active Warning Devices ECONOMIC DEVELOPMENT and Railroad Safety {#sec-4-csr-265-2.324 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.324}

4 CSR 265-2.010 Definitions {#sec-4-csr-265-2.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.010}

(Moved to 7 CSR 265-8.005)

4 CSR 265-2.020 Principal Offices 1985. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Emergency amendment expired Dec. 19, 1994. Amended: Filed Aug. amendment filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. {#sec-4-csr-265-2.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.020}

Rescinded: Filed Oct. 14, 2016, effective July 30, 2017.

4 CSR 265-2.030 Records of the Division {#sec-4-csr-265-2.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.030}

(Moved to 7 CSR 265-10.017)

4 CSR 265-2.040 Practice by Attorneys 1985. Rescinded: Filed Oct. 14, 2016, effective July 30, 2017. 4 CSR 265 2.050 Computation of Effective Dates {#sec-4-csr-265-2.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.040}

(Moved to 7 CSR 265-10.051)

4 CSR 265-2.055 Name and Address Changes for Motor Carriers {#sec-4-csr-265-2.055 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.055}

(Moved to 7 CSR 265-10.052)

4 CSR 265-2.057 Interpretation of Federal Preemption Under Section 601 of the Federal Aviation Administration Authorization Act of 1994 Emergency rule filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency rule filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency {#sec-4-csr-265-2.057 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.057}

rule filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency rule filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Original rule filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency rescission and rule filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Rescinded: Filed Oct. 14, 2016,

4 CSR 265-2.060 General Application Re quirements for the Issuance and Transfer of Intrastate Motor Carrier Certificates, Permits and Temporary Authority {#sec-4-csr-265-2.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.060}

(Moved to 7 CSR 265-10.015)

4 CSR 265-2.061 Applications for Intrastate General or Special Commodity Common Carriage Truckload Lots, Agricultural Commodities in Bulk in Dump Trucks and Charter Passenger Service Authority Aug. 13, 1986, expired Oct. 27, 1986. Orig- 11, 1986. Amended: Filed Nov. 2, 1987, Oct. 17, 1988, effective Dec. 29, 1988. 11, 1989. Emergency amendment filed Nov. 4, 1992, effective Nov. 14, 1992, expired March 13, 1993. Emergency amendment filed March 3, 1993, effective March 13, 1993, expired July 10, 1993. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment {#sec-4-csr-265-2.061 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.061}

4 CSR 265-2.062 Application for Dump Truck (Other Than Agricultural Commodities in Bulk in Dump Trucks), Mobile Home, Household Goods, Noncharter Passenger, Gasoline, Fuel Oil, Liquefied Gasoline Petroleum Gas, Boats and Less-Than- Truckload Contract Carriage Authority Aug. 13, 1986, expired Oct. 27, 1986. Orig- 11, 1986. Amended: Filed Nov. 2, 1987, Oct. 17, 1988, effective Dec. 29, 1988. 11, 1989. Emergency amendment Filed Nov. 4, 1992, effective Nov. 14, 1992, expired March 13, 1993. Emergency amendment filed March 3, 1993, effective March 13, 1993, expired July 10, 1993. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency 11, 1994, expired Dec. 19, 1994. Emergency Jan. 1, 1995, expired April 30, 1995. Emer- Emergency rescission filed Aug. 18, 1995, 1996. Rescinded: Filed Aug. 3, 1995, effective Feb. 25, 1996. {#sec-4-csr-265-2.062 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.062}

4 CSR 265-2.063 Applications for Intrastate General or Special Commodity Contract Carriage Truckload Lots, Agricultural Commodities in Bulk in Dump Trucks and Charter Passenger Service Authority Aug. 13, 1986, expired Oct. 27, 1986. Orig- 23, 1986. Amended: Filed Nov. 2, 1987, Oct. 17, 1988, effective Dec. 29, 1988. 11, 1989. Emergency amendment filed Nov. 4, 1992, effective Nov. 14, 1992, expired March 13, 1993. Emergency amendment filed March 3, 1993, effective March 13, 1993, expired July 10, 1993. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment ment filed Dec. 20,1994, effective Jan. 1, gency rescission filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. {#sec-4-csr-265-2.063 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.063}

4 CSR 265-2.064 Applications for Temporary Authority Aug. 13, 1986, expired Oct. 27, 1986. Orig- 23, 1986. Amended: Filed Oct. 17, 1988, effective Dec. 29, 1988. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Amended: {#sec-4-csr-265-2.064 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.064}

Filed Nov. 4, 1992, effective July 8, 1993.

Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency rescission filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Rescinded: Filed Aug. 3, 1995, effective Feb. 25, 1996.

4 CSR 265-2.065 Applications for Interstate Motor Carrier Permits and Intrastate Regular Route Passenger Certificates Issued Pursuant to 49 U.S.C. Section 10922(c)(2) {#sec-4-csr-265-2.065 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.065}

Aug. 13, 1986, expired Oct. 23, 1986. Orig- 27, 1986. Emergency rescission filed Oct. 3, 11, 1986. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency Jan. 1, 1995, expired April 30, 1995. Emer- Emergency rescission and rule filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Rescinded and readopted: Filed Aug. 3, 1995, effective Feb. 25, 1996.

Rescinded: Filed Oct. 14, 2016, effective July 30, 2017.

4 CSR 265-2.066 Application to Transfer a Certificate or Permit Aug. 13, 1986, expired Oct. 27, 1986, effective Oct. 23, 1986. Emergency rescission filed Oct. 3, 1986, effective Oct. 23, 1986, expired Dec. 11, 1986. Amended: Filed Nov. 2, 1987, effective Feb. 11, 1988. Amended: {#sec-4-csr-265-2.066 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.066}

Filed May 17, 1989, effective Sept. 11, 1989.

Amended: Filed May 2, 1991, effective Dec. 9, 1991. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment gency rescission filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996.

4 CSR 265-2.067 Application to Issue or Create Certain Debt Instruments Aug. 13, 1986, expired Oct. 23, 1986. Orig- 27, 1986. Emergency rescission filed Oct. 3, 11, 1986. Emergency amendment filed Dec. 1, 1995, effective Dec. 11, 1995, expired Dec. 19, 1995. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. {#sec-4-csr-265-2.067 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.067}

Amended: Filed Aug. 3, 1995, effective Feb.

4 CSR 265-2.068 Application for a Self- Insurer Status {#sec-4-csr-265-2.068 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.068}

(Moved to 7 CSR 265-10.035)

4 CSR 265-2.069 Application for Approval of Corporation to Acquire Capital Stock of Common Carrier Incorporated Under Missouri Law Pursuant to Requirements of {#sec-4-csr-265-2.069 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.069}

Section 387.260, RSMo Original rule filed May 17, 1989, effective Sept. 11, 1989. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, Amended: Filed Aug. 3, 1995, effective Feb.

4 CSR 265-2.070 Complaints 1985. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency 11, 1994, expired Dec. 19, 1994. Emergency Jan. 1, 1995, expired April 30, 1995. Emer- Emergency amendment filed Aug. 18, 1995, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency rescission filed Nov. 26, 2002, effective Dec. 6, 2002, {#sec-4-csr-265-2.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.070}

4 CSR 265-2.080 Pleadings 1985. Emergency amendment filed Aug. 1, 23, 1986. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Emergency rescission filed Oct. 3, 1986, effective Oct. 23, 1986, expired Dec. 11, 1986. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Amended: {#sec-4-csr-265-2.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.080}

Filed Nov. 4, 1992, effective July 8, 1993.

Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug.

4CODE OF STATE REGULATIONS

4 CSR 265-2.085 Dismissal of Cases Original rule filed Nov. 4, 1992, effective Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1995. Amended: Filed Aug. {#sec-4-csr-265-2.085 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.085}

4 CSR 265-2.090 Discovery and Prehearings 1985. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Emergency 11, 1994, expired Dec. 19, 1995. Amended: {#sec-4-csr-265-2.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.090}

Filed Aug. 3. 1995, effective Feb. 26, 1996.

Emergency rescission filed Nov. 26, 2002, effective Dec. 6, 2002, expired May 30, 2003.

4 CSR 265-2.100 Subpoenas and Formal Investigations {#sec-4-csr-265-2.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.100}

rule filed Aug. 1, 1985. effective Oct. 29, 1985. Amended: Filed Nov. 4, 1992, effective Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Amended: Filed Aug.

4 CSR 265-2.110 Hearings 1985. Emergency amendment filed Aug. 1, 11, 1986. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency Jan. 1, 1995, expired April 30, 1995. Emer- Emergency amendment filed Aug. 18, 1995, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency rescission filed Nov. 26, 2002, effective Dec. 6, 2002, {#sec-4-csr-265-2.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.110}

4 CSR 265-2.115 Continuances Aug. 13, 1986, expired Oct. 23, 1986. Emergency rescission filed Oct. 3, 1986, effective Oct. 23, 1986, expired Dec. 11, 1986. Original rule filed July 31, 1986, effective Oct. 27, 1986. Emergency rescission filed Nov. 26, 2002, effective Dec. 6, 2002, expired May 30, 2003. Rescinded: Filed Nov. 26, 2002, effective May 30, 2003. {#sec-4-csr-265-2.115 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.115}

4 CSR 265-2.116 Interventions Aug. 13, 1986, expired Oct. 23, 1986. Emergency rescission filed Oct. 3, 1986, effective Oct. 27, 1986, expired Dec. 11, 1986. Original rule filed July 31, 1986, effective Oct. 27, 1986. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency rescission filed Nov. 26, 2002, effective Dec. 6, 2002, {#sec-4-csr-265-2.116 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.116}

4 CSR 265-2.120 Evidence 1985. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency rescission filed Nov. 26, 2002, effective Dec. 6, 2002, expired May 30, 2003. {#sec-4-csr-265-2.120 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.120}

4 CSR 265-2.130 Briefs and Oral Argument 1985. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Emergency amendment filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Emergency rescission filed Nov. 26, 2002, effective Dec. 6, 2002, {#sec-4-csr-265-2.130 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.130}

4 CSR 265-2.140 Decisions of the Division 1985. Emergency amendment filed Aug. 1, 23, 1986. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Amended: Filed Aug. amendment filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Emergency rescission filed Nov. 26, 2002, effective Dec. 6, 2002, expired May 30, 2003. {#sec-4-csr-265-2.140 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.140}

4 CSR 265-2.150 Rehearings 1985. Emergency rescission filed Nov. 26, 2002, effective Dec. 6, 2002, expired May 30, 2003. Rescinded: Filed Nov. 26, 2002, effective May 30, 2003. {#sec-4-csr-265-2.150 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.150}

4 CSR 265-2.160 Rulemaking 1985. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Rescinded: Filed Oct. 14, 2016, effective July 30, 2017. {#sec-4-csr-265-2.160 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.160}

4 CSR 265-2.170 Hearings Under Rulemaking 1985. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Rescinded: {#sec-4-csr-265-2.170 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.170}

Filed Oct. 14, 2016, effective July 30, 2017.

4 CSR 265-2.180 Discontinuance of Service; Suspension and Revocation of Certificates and Permits {#sec-4-csr-265-2.180 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.180}

(Moved to 7 CSR 265-10.140)

4 CSR 265-2.190 Merger of Duplicated or Overlapping Motor Carrier Operating {#sec-4-csr-265-2.190 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.190}

History

Authority (Moved to 7 CSR 265-10.090)

4 CSR 265-2.200 Motor Carrier Notice Register Publication, Scope and Subscription Orders Original rule filed Nov. 4, 1992, effective Dec. 1, 1994, effective Dec. 11, 1994, Amended: Filed Aug. 3, 1996, effective Feb. {#sec-4-csr-265-2.200 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.200}

4 CSR 265-2.300 Railroad Safety Applications (Other Than Railroad-Highway Crossings) {#sec-4-csr-265-2.300 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.300}

(Moved to 7 CSR 265-8.300)

4 CSR 265-2.320 Railroad-Highway Crossing Applications {#sec-4-csr-265-2.320 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.320}

(Moved to 7 CSR 265-8.320)

4 CSR 265-2.322 Approved Installation of Stop Signs at Highway-Rail Grade Crossings {#sec-4-csr-265-2.322 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.322}

(Rescinded October 30, 2018)

Original rule filed June 22, 1998, effective Feb. 28, 1999. Rescinded: Filed March 9, 2018, effective Oct. 30, 2018.

History

AUTHORITY: section 622.027, RSMo Supp.

4 CSR 265-2.324 Changes to Highway-Rail Grade Crossing Active Warning Devices {#sec-4-csr-265-2.324 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-2.324}

(Moved to 7 CSR 265-8.324)

6CODE OF STATE REGULATIONS

Chapter 4 * - Standards of Conduct

4 CSR 265-4.010 Gratuities and Private Employment {#sec-4-csr-265-4.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-4.010}

(Rescinded May 30, 2003)

Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original

rule filed Aug. 1, 1985, effective Oct. 29, 1985. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency rescission filed Nov. 26, 2002, effective Dec. 6, 2002, expired May 30, 2003.

Rescinded: Filed Nov. 26, 2002, effective May 30, 2003.

History

AUTHORITY: section 622.027, RSMo 1994.

4 CSR 265-4.020 Conduct During Proceedings {#sec-4-csr-265-4.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-4.020}

(Rescinded May 30, 2003)

Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original

rule filed Aug. 1, 1985, effective Oct. 29, 1985. Emergency rescission filed Nov. 26, 2002, effective Dec. 6, 2002, expired May 30, 2003. Rescinded: Filed Nov. 26, 2002, effective May 30, 2003.

MATTBLUNT(4/30/03)

Chapter 4óStandards of Conduct4 CSR 265-4

History

AUTHORITY: section 622.027, RSMo 1986.

Chapter 6 * - Transportation

4 CSR 265-6.010 Passenger Tariffs {#sec-4-csr-265-6.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-6.010}

(Moved to 7 CSR 265-10.055) . . . . . . . . . . . . . . . . . . . . . .3

4 CSR 265-6.011 Minimum Filing Requirements {#sec-4-csr-265-6.011 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-6.011}

(Rescinded February 25, 1996) . . . . . . . . . . . .3

4 CSR 265-6.020 Freight Tariffs {#sec-4-csr-265-6.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-6.020}

(Rescinded March 30, 2008) . . . . . . . . . . . . . . . . . . . . . . . . .3

4 CSR 265-6.030 Utilization of Motor Carriers in National Emergencies {#sec-4-csr-265-6.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-6.030}

(Rescinded July 30, 2017) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

4 CSR 265-6.040 Guidelines for Matching Existing Discounted or Reduced Rates . . . . . . . . . . . .3 {#sec-4-csr-265-6.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-6.040}

4 CSR 265-6.050 Limitation on Hourly, Commodity and “Expedited” Rates for General Commodities Shipments {#sec-4-csr-265-6.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-6.050}

(Rescinded February 25, 1996) . . . . . . . . . .3 ECONOMIC DEVELOPMENT and Railroad Safety

4 CSR 265-6.010 Passenger Tariffs {#sec-4-csr-265-6.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-6.010}

(Moved to 7 CSR 265-10.055)

4 CSR 265-6.011 Minimum Filing Requirements {#sec-4-csr-265-6.011 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-6.011}

4 CSR 265-6.020 Freight Tariffs {#sec-4-csr-265-6.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-6.020}

(Rescinded March 30, 2008)

Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original

rule filed Aug. 1, 1985, effective Oct. 29, 1985. Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995.

Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1996, effective Feb. 25, 1996. Emergency rescission filed Sept. 13, 2007, effective Oct. 3, 2007, expired March 30, 2008. Rescinded: Filed Sept. 13, 2007, effective March 30, 2008.

History

AUTHORITY: section 622.027, RSMo 1994.

4 CSR 265-6.030 Utilization of Motor Carriers in National Emergencies {#sec-4-csr-265-6.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-6.030}

(Rescinded July 30, 2017)

Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original

Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18. 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Rescinded: Filed Oct. 14, 2016, effective July 30, 2017.

History

AUTHORITY: section 622.027, RSMo 1994.

4 CSR 265-6.040 Guidelines for Matching Existing Discounted or Reduced Rates {#sec-4-csr-265-6.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-6.040}

4 CSR 265-6.050 Limitation on Hourly, Commodity and “Expedited” Rates for General Commodities Shipments JOHNR. ASHCROFT(6/30/17) {#sec-4-csr-265-6.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-6.050}

Chapter 8 * - Railroads and Street Railroads

4 CSR 265-8.010 Accidents {#sec-4-csr-265-8.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.010}

(Moved to 7 CSR 265-8.010)

4 CSR 265-8.012 Dedicated Railroad Telephone {#sec-4-csr-265-8.012 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.012}

(Moved to 7 CSR 265-8.012)

4 CSR 265-8.018 Signs {#sec-4-csr-265-8.018 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.018}

(Moved to 7 CSR 265-8.018)

4 CSR 265-8.020 Track Switch Position Indicators {#sec-4-csr-265-8.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.020}

(Moved to 7 CSR 265-8.020)

4 CSR 265-8.030 Visual Obstructions at Public Grade Crossings {#sec-4-csr-265-8.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.030}

(Moved to 7 CSR 265-8.030)

4 CSR 265-8.032 Temporary Closing of a Public Grade Crossing {#sec-4-csr-265-8.032 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.032}

(Moved to 7 CSR 265-8.032)

4 CSR 265-8.040 Transportation of Employees {#sec-4-csr-265-8.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.040}

(Moved to 7 CSR 265-8.040)

4 CSR 265-8.041 Required Equipment for Railroad Motor Cars 1985. Amended: Filed May 2, 1991, effective Dec. 9, 1991. Rescinded: Filed March 9, {#sec-4-csr-265-8.041 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.041}

4 CSR 265-8.050 Facilities for Employees 1985. Amended: Filed April 16, 1986, effective June 30, 1986. Rescinded: Filed March 9, 2018, effective Oct. 30, 2018. {#sec-4-csr-265-8.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.050}

4 CSR 265-8.060 Structural Clearances {#sec-4-csr-265-8.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.060}

(Moved to 7 CSR 265-8.060)

4 CSR 265-8.070 Grade Crossing Account 1985. Amended: Filed Jan. 5, 1989, effective April 27, 1989. Rescinded: Filed March 9, {#sec-4-csr-265-8.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.070}

4 CSR 265-8.071 Grade Crossing Safety Account {#sec-4-csr-265-8.071 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.071}

(Moved to 7 CSR 265-8.071)

4 CSR 265-8.080 Railroad-Highway Grade Crossing Warning Systems {#sec-4-csr-265-8.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.080}

(Moved to 7 CSR 265-8.080)

4 CSR 265-8.090 Annual Report—State Statistics Emergency rule filed June l4, 1985, effective 1985. Amended: Filed May 2, 1991, effective Dec. 9, 1991. Rescinded: Filed March 9, {#sec-4-csr-265-8.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.090}

4 CSR 265-8.092 Railroad Reports {#sec-4-csr-265-8.092 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.092}

(Moved to 7 CSR 265-8.092)

4 CSR 265-8.100 Track and Railroad Workplace Safety Standards {#sec-4-csr-265-8.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.100}

(Moved to 7 CSR 265-8.100)

4 CSR 265-8.110 Walkway Safety Standards at Industrial Tracks {#sec-4-csr-265-8.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.110}

(Moved to 7 CSR 265-8.110)

4 CSR 265-8.120 Hazardous Material Requirements {#sec-4-csr-265-8.120 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.120}

Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985.

Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Rescinded:

Filed March 9, 2018, effective Oct. 30, 2018.

History

AUTHORITY: section 622.027, RSMo Supp.

4 CSR 265-8.130 Grade Crossing Construction and Maintenance {#sec-4-csr-265-8.130 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.130}

(Moved to 7 CSR 265-8.130)

4 CSR 265-8.140 First-Aid Kits {#sec-4-csr-265-8.140 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-8.140}

(Moved to 7 CSR 265-8.140)

JOHNR. ASHCROFT(9/30/18)

Chapter 9 * - Fixed Guideway Transit Systems (Moved to 7 CSR 265-9)

4 CSR 265-9.010 Applicability of Chapter; {#sec-4-csr-265-9.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.010}

Definitions (Moved to 7 CSR 265-9.010)

4 CSR 265-9.020 System Safety Program Standard {#sec-4-csr-265-9.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.020}

(Moved to 7 CSR 265-9.020)

4 CSR 265-9.030 Fixed Guideway Transit System Construction, Maintenance and Operation Plans {#sec-4-csr-265-9.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.030}

(Rescinded February 28, 1999)

Emergency rule filed Feb. 5, 1993, effective Feb. 15, 1993, expired June 14, 1993.

Emergency amendment filed May 6, 1993, effective May 16, 1993, expired Sept. 12, 1993. Original rule filed Feb. 5, 1993, effective June 7, 1993. Emergency rescission filed Dec. 20, 1996, effective Dec. 30, 1996, expired June 27, 1997. Rescinded: Filed June 22, 1998, effective Feb. 28, 1999.

History

AUTHORITY: section 622.027, RSMo 1986.

4 CSR 265-9.040 Transit Safety Review {#sec-4-csr-265-9.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.040}

(Moved to 7 CSR 265-9.040)

4 CSR 265-9.050 Signs {#sec-4-csr-265-9.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.050}

(Moved to 7 CSR 265-9.050)

4 CSR 265-9.060 Drug and Alcohol Testing {#sec-4-csr-265-9.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.060}

(Moved to 7 CSR 265-9.060)

4 CSR 265-9.070 Hours of Service {#sec-4-csr-265-9.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.070}

(Moved to 7 CSR 265-9.070)

4 CSR 265-9.080 Required Equipment for On-Track Vehicles and Equipment {#sec-4-csr-265-9.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.080}

(Rescinded: February 28, 1999)

History

AUTHORITY: section 622.027, RSMo 1986. Original rule filed Nov. 4, 1992, effective June 7, 1993. emergency rescission filed Dec. 20, 1996, effective Dec. 30, 1996, expired June 27, 1997. Rescinded: Filed June 22, 1998, effective Feb. 28, 1999.

4 CSR 265-9.090 Walkways {#sec-4-csr-265-9.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.090}

(Moved to 7 CSR 265-9.090)

4 CSR 265-9.100 Rail-Highway Grade Crossing Construction and Maintenance {#sec-4-csr-265-9.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.100}

(Moved to 7 CSR 265-9.100)

4 CSR 265-9.110 Rail-Highway Grade Crossing Warning Devices {#sec-4-csr-265-9.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.110}

(Moved to 7 CSR 265-9.110)

4 CSR 265-9.120 Temporary Closing of Rail-Highway Grade Crossings {#sec-4-csr-265-9.120 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.120}

(Rescinded February 28, 1999)

Original rule filed Nov. 4, 1992, effective June 7, 1993. Rescinded: Filed June 22, 1998, effective Feb. 28, 1999.

History

AUTHORITY: section 622.027, RSMo 1986.

4 CSR 265-9.130 Visual Obstructions at Public Grade Crossings {#sec-4-csr-265-9.130 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.130}

(Moved to 7 CSR 265-9.130)

4 CSR 265-9.140 Dedicated Transit Telephone {#sec-4-csr-265-9.140 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.140}

(Moved to 7 CSR 265-9.140)

4 CSR 265-9.150 Accidents and Unacceptable Hazardous Conditions {#sec-4-csr-265-9.150 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-9.150}

(Moved to 7 CSR 265-9.150)

ROBINCARNAHAN(5/31/07)

Chapter 10 * - Motor Carrier Operations (Moved to 7 CSR 265-10)

4 CSR 265-10.090 Rules Governing the Transportation of Mobile Homes 4 CSR 265-10.110Joint Service, Interlining and Tacking by Passenger Title 4óDEPARTMENT OF ECONOMIC DEVELOPMENT Division 265óDivision of Motor Carrier and Railroad Safety {#sec-4-csr-265-10.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.090}

Chapter 10óMotor Carrier Operations

4 CSR 265-10.010 Definitions {#sec-4-csr-265-10.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.010}

(Moved to 7 CSR 265-10.010)

4 CSR 265-10.020 Licensing of Vehicles {#sec-4-csr-265-10.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.020}

(Moved to 7 CSR 265-10.020)

4 CSR 265-10.025 Marking of Vehicles {#sec-4-csr-265-10.025 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.025}

(Moved to 7 CSR 265-10.025)

4 CSR 265-10.030 Insurance {#sec-4-csr-265-10.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.030}

(Moved to 7 CSR 265-10.030)

4 CSR 265-10.040 Motor Vehicle Leasing {#sec-4-csr-265-10.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.040}

(Moved to 7 CSR 265-10.040)

4 CSR 265-10.045 Passenger Service Requirement {#sec-4-csr-265-10.045 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.045}

(Moved to 7 CSR 265-10.045)

4 CSR 265-10.050 Tariffs, Time Schedules and Motor Carrier Documentation {#sec-4-csr-265-10.050 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.050}

(Moved to 7 CSR 265-10.050)

4 CSR 265-10.055 Inspection of Books and Records by Division Personnel {#sec-4-csr-265-10.055 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.055}

(Moved to 4 CSR 265-10.060)

4 CSR 265-10.060 Inspection of Books, Records, Property, Equipment, and Roadside Stops by Division Personnel {#sec-4-csr-265-10.060 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.060}

(Moved to 7 CSR 265-10.060)

4 CSR 265-10.070 Classification of Common Carriers by Services Performed {#sec-4-csr-265-10.070 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.070}

(Moved to 7 CSR 265-10.070)

4 CSR 265-10.080 Rules Governing the Transportation of Household Goods {#sec-4-csr-265-10.080 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.080}

(Moved to 7 CSR 265-10.080)

4 CSR 265-10.090 Rules Governing the Transportation of Mobile Homes {#sec-4-csr-265-10.090 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.090}

(Rescinded February 25, 1996)

Original rule filed Nov. 4, 1992, effective July 8, 1993. Emergency rescission filed Dec. 1, 1994, effective Jan. 1, 1995, withdrawn Dec. 19, 1994. Emergency rescission filed April 20, 1995, effective April 30, 1995, expired Aug. 27, 1995. Rescinded: Filed Aug. 3, 1995, effective Feb. 25, 1996.

History

AUTHORITY: section 622.027, RSMo 1986.

4 CSR 265-10.100 Regulation of Advertising by Motor Carriers {#sec-4-csr-265-10.100 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.100}

(Moved to 7 CSR 265-10.100)

4 CSR 265-10.110 Joint Service, Interlining and Tacking by Passenger or Household Goods Carriers {#sec-4-csr-265-10.110 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.110}

(Moved to 7 CSR 265-10.110)

4 CSR 265-10.120 Safety Compliance Standard {#sec-4-csr-265-10.120 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-10.120}

(Rescinded February 25, 1996)

Original rule filed Nov. 4, 1992, effective July 8, 1993. Emergency rescission filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency rescission filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995.

Rescinded: Filed Aug. 3, 1995, effective Feb. 25, 1996.

ROBINCARNAHAN(9/30/05)

Chapter 10óMotor Carrier Operations4 CSR 265-10

History

AUTHORITY: section 622.027, RSMo 1986.

Chapter 12 * - Motor Carriers

4 CSR 265-12.010 Rate Base System {#sec-4-csr-265-12.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-12.010}

(Rescinded February 25, 1996)

4 CSR 265-12.020 Uniform Systems of Accounts for Class B Motor Carriers of Household Goods and Passengers {#sec-4-csr-265-12.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-12.020}

(Rescinded December 30, 2013)

Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original

rule filed Aug. 1, 1985, effective Jan. 1, 1986. Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995, Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1995. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Rescinded: Filed May 2, 2013, effective Dec. 30, 2013.

History

AUTHORITY: section 622.027, RSMo 1994.

4 CSR 265-12.030 Uniform System of Accounts for Class I Motor Carriers of Passengers {#sec-4-csr-265-12.030 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-12.030}

(Rescinded December 30, 2013)

Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original

Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Rescinded: Filed May 2, 2013, effective Dec. 30, 2013.

History

AUTHORITY: section 622.027, RSMo 1994.

4 CSR 265-12.040 Prescribed Recordkeeping for Common Carriers that Transport Commodities in Bulk in Dump Trucks {#sec-4-csr-265-12.040 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-12.040}

(Rescinded February 25, 1996)

JASONKANDER(11/30/13)

Chapter 14 * - Training *Moved or rescinded

4 CSR 265-14.010 Transportation Enforcement Inspector I {#sec-4-csr-265-14.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-14.010}

(Rescinded July 30, 2017) . . . . . . . . . .3 ECONOMIC DEVELOPMENT and Railroad Safety

4 CSR 265-14.010 Transportation Enforcement Inspector I {#sec-4-csr-265-14.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 265-14.010}

(Rescinded July 30, 2017)

Rescinded: Filed Oct. 14, 2016, effective July 30, 2017.

JOHNR. ASHCROFT(6/30/17)

History

AUTHORITY: sections 390.350, 622.620 and 622.027, RSMo Supp. 1997. Original rule filed June 22, 1998, effective Feb. 28, 1999.

Division 340 Division of Energy

Chapter 2 moved to 10 CSR 140-2

4 CSR 340-2.010 Definitions {#sec-4-csr-340-2.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 340-2.010}

(Moved to 10 CSR 140-2.010)

4 CSR 340-2.020 General Provisions {#sec-4-csr-340-2.020 omnilex-key=us-mo-regs-official--title-4--4 CSR 340-2.020}

(Moved to 10 CSR 140-2.020)

Chapter 4 moved to 10 CSR 140-4

4 CSR 340-4.010 Wood Energy Credit {#sec-4-csr-340-4.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 340-4.010}

(Moved to 10 CSR 140-4.010)

Chapter 6 moved to 10 CSR 140-6

4 CSR 340-6.010 Definitions and General Provisions—Membership ECONOMIC DEVELOPMENT and Research Program {#sec-4-csr-340-6.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 340-6.010}

4 CSR 340-6.010 Definitions and General Provisions—Membership {#sec-4-csr-340-6.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 340-6.010}

(Moved to 10 CSR 140-6.010)

Chapter 7 moved to 10 CSR 140-7

4 CSR 340-7.010 State Building Minimum Energy Efficiency Standards ECONOMIC DEVELOPMENT Energy Efficiency Standard {#sec-4-csr-340-7.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 340-7.010}

4 CSR 340-7.010 State Building Minimum Energy Efficiency Standards {#sec-4-csr-340-7.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 340-7.010}

(Moved to 10 CSR 140-7.010)

Chapter 8 moved to 10 CSR 140-8

4 CSR 340-8.010 Certification of Renewable Energy and Renewable Energy Standard Energy Standard Compliance Account4 CSR 340-8 ECONOMIC DEVELOPMENT Energy and Renewable Energy Standard Compliance Account {#sec-4-csr-340-8.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 340-8.010}

4 CSR 340-8.010 Certification of Renewable Energy and Renewable Energy Standard Compliance Account {#sec-4-csr-340-8.010 omnilex-key=us-mo-regs-official--title-4--4 CSR 340-8.010}

(Moved to 10 CSR 140-8.010)