23.268. Criteria considered by committee.

Criteria considered by committee.

23.268. The committee and its staff shall consider the followingcriteria in determining whether a public need exists for the continuationof a program, or for the performance of the functions of the program:

(1) The efficiency with which the program operates;

(2) An identification of the objectives intended for the program andthe problem or need that the program was intended to address, the extent towhich the objectives have been achieved, and any activities of the agencyin addition to those granted by statute and the authority for suchactivities;

(3) An assessment of less restrictive or alternative methods ofperforming any rule or regulation that the agency performs that couldadequately protect the public;

(4) The extent to which the jurisdiction of the agency and theprograms administered by the agency overlap or duplicate those of otheragencies and the extent to which the programs administered by the agencycan be consolidated with the programs of other state agencies;

(5) Whether the agency has recommended to the general assemblystatutory changes calculated to be of benefit to the public rather than toan occupation, business, or institution that the agency regulates;

(6) The promptness and effectiveness with which the agency disposesof complaints concerning persons affected by the program;

(7) The extent to which the agency has encouraged participation bythe public in making rules and decisions as opposed to participation solelyby those it regulates and the extent to which the public participation hasresulted in rules compatible with the objectives of the program;

(8) The extent to which the agency has complied with applicablerequirements of:

(a) An agency of the United States or this state regarding equalityof employment opportunity and the rights and privacy of individuals; and

(b) State law and applicable rules of any state agency regardingpurchasing goals and programs for historically underutilized businesses;

(9) The extent to which changes are necessary in the enablingstatutes of the program so that the agency can adequately comply with thecriteria established in this section;

(10) The extent to which the agency issues and enforces rulesrelating to potential conflicts of interest of its employees;

(11) The extent to which the agency complies with chapter 610, RSMo,and follows records management practices that enable the agency to respondefficiently to requests for public information; and

(12) The effect of federal intervention or loss of federal funds ifthe program is sunset.

(L. 2003 S.B. 299 & 40)