302.174. Hearing impaired, driver's license special notation, definitions--rulemaking authority.

Hearing impaired, driver's license special notation,definitions--rulemaking authority.

302.174. 1. As used in this section, the following terms mean:

(1) "Deaf person", any person who, because of hearing loss, is notable to discriminate speech when spoken in a normal conversation toneregardless of the use of amplification devices;

(2) "Hearing-impaired person", any person who, because of hearingloss, has a diminished capacity to discriminate speech when spoken in anormal conversational tone;

(3) "J88", a notation on a driver's license that indicates the personis a deaf or hearing-impaired person who uses alternative communication.

2. Any resident of this state who is a deaf or hearing-impairedperson may apply to the department of revenue to have the notation "J88"placed on the person's driver's license. The department of revenue, byrule, may establish the cost and criteria for placement of the "J88"notation, such as requiring an applicant to submit certain medical proof ofdeafness or hearing impairment.

3. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2001, shall beinvalid and void.

(L. 2001 S.B. 275)