330.140. Organization of board--power to make rules and set fees--rulemaking, procedure.
Organization of board--power to make rules and set fees--rulemaking,procedure.
330.140. 1. The board shall elect one of its members president, onevice president, and one secretary. The board shall have the power topromulgate rules and regulations necessary to administer and enforce theprovisions of this chapter and to adopt and use a common seal. The boardshall create no expenses exceeding the sum received from time to time asfees provided by law.
2. The board shall set the amount of the fees which this chapterauthorizes and requires by rules and regulations promulgated pursuant tosection 536.021, RSMo. The fees shall be set at a level to produce revenuewhich shall not substantially exceed the cost and expense of administeringthis chapter.
3. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is promulgated under the authority of this chapter,shall become effective only if the agency has fully complied with all ofthe requirements of chapter 536, RSMo, including but not limited to,section 536.028, RSMo, if applicable, after August 28, 1998. Allrulemaking authority delegated prior to August 28, 1998, is of no force andeffect and repealed as of August 28, 1998, however nothing in this act*shall be interpreted to repeal or affect the validity of any rule adoptedand promulgated prior to August 28, 1998. If the provisions of section536.028, RSMo, apply, the provisions of this section are nonseverable andif any of the powers vested with the general assembly pursuant to section536.028, RSMo, to review, to delay the effective date, or to disapprove andannul a rule or portion of a rule are held unconstitutional or invalid, thepurported grant of rulemaking authority and any rule so proposed andcontained in the order of rulemaking shall be invalid and void, except thatnothing in this act* shall affect the validity of any rule adopted andpromulgated prior to August 28, 1998.
(L. 1945 p. 635 § 5, A.L. 1981 S.B. 16, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1998 H.B. 1601, et al.)*"This act" (H.B. 1601, et al., 1998) contains numerous sections. Consult Disposition of Sections table for definitive listing.