42.202. Adjutant general to administer program, rulemaking authority--application procedure--disallowance, procedure.
Adjutant general to administer program, rulemakingauthority--application procedure--disallowance, procedure.
42.202. 1. Except as otherwise provided in sections 42.200 to42.206, the adjutant general of the state of Missouri shall administer theprovisions of sections 42.200 to 42.206, and may adopt all rules andregulations necessary to administer the provisions of sections 42.200 to42.206. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections42.200 to 42.206 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. Sections 42.200 to 42.206 and chapter 536, RSMo,are nonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date or todisapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2003, shall be invalid and void.
2. The adjutant general shall determine as expeditiously as possiblethe persons who are entitled to a Korean Conflict medallion, medal, and acertificate pursuant to sections 42.200 to 42.206 and distribute themedallions, medals, and the certificates as provided in sections 42.200 to42.206. Applications for the Korean Conflict medallion, medal, and thecertificate shall be filed with the office of the adjutant general at anytime after January 1, 2004, on forms prescribed and furnished by theadjutant general's office. The adjutant general shall approve allapplications that are in order, and shall cause a Korean Conflictmedallion, medal, and a certificate to be prepared for each approvedveteran in the form created by the veterans' commission pursuant to section42.204. The medallion, medal, and certificates shall be awarded until thesupply of medallions, medals, and certificates is exhausted. The adjutantgeneral shall notify the general assembly when such supply totals less thanone hundred.
3. The following persons may apply for a Korean Conflict medallion,medal, and a certificate pursuant to sections 42.200 to 42.206:
(1) Any veteran who is entitled to a Korean Conflict medallion,medal, and a certificate pursuant to sections 42.200 to 42.206;
(2) Any spouse or eldest living survivor of a deceased veteran whowould be entitled to a Korean Conflict medallion, medal, and a certificatepursuant to sections 42.200 to 42.206 but who died prior to having madeapplication for such medallion, medal, and certificate.
4. If any spouse or eldest living survivor applies for the KoreanConflict medallion, medal, and certificate pursuant to subsection 3 of thissection or if any veteran dies after applying for a Korean Conflictmedallion, medal, and a certificate pursuant to sections 42.200 to 42.206and such veteran would have been entitled to the Korean Conflict medallion,medal, and the certificate, the adjutant general shall give the KoreanConflict medallion, medal, and the certificate to the spouse or eldestliving survivor of the deceased veteran.
5. If the adjutant general disallows any veteran's claim to a KoreanConflict medallion, medal, and a certificate pursuant to sections 42.200 to42.206, a statement of the reason for the disallowance shall be filed withthe application and notice of this disallowance shall be mailed to theapplicant at the applicant's last known address.
(L. 2003 S.B. 219, A.L. 2005 H.B. 163, et al.)Effective 6-22-05