374.045. Director authorized to make rules and regulations, procedure, this chapter.
Director authorized to make rules and regulations, procedure, thischapter.
374.045. 1. The director shall have the full power and authority tomake all reasonable rules and regulations to accomplish the followingpurposes:
(1) To regulate the internal affairs of the department of insurance,financial institutions and professional registration;
(2) To prescribe forms and procedures to be followed in proceedingsbefore the department of insurance, financial institutions and professionalregistration; and
(3) To effectuate or aid in the interpretation of any law of thisstate in this chapter, chapter 354, RSMo, chapters 375 to 385, RSMo, or asotherwise authorized by law.
2. The director may from time to time withdraw or amend any rule orregulation in this chapter, chapter 354, RSMo, chapters 375 to 385, RSMo,or as otherwise authorized by law.
3. No rule or regulation shall conflict with any law of this state.No rule or portion of a rule promulgated under the authority of thischapter shall become effective unless it has been promulgated pursuant tothe provisions of section 536.024, RSMo.
4. At least fifteen days prior to the adoption of any rule orregulation, or any amendment thereof, to be issued under the provisions ofsubdivision (3) of subsection 1, the director shall give notice of ahearing on the proposed action. The notice shall be mailed to all personswho have made timely requests of the director for advance notice of itsrulemaking proceedings. The notice shall contain a statement of the termsor the substance of the proposed rule or regulation. In addition, thenotice shall give the time and place where a hearing on the proposed ruleor regulation will be held and the manner in which interested parties maypresent their views thereon. On the date of the hearing, all interestedparties shall be given reasonable opportunity to present their views orarguments in writing or orally. The failure of any person to receive anynotice of a hearing on any proposed rule or regulation shall not invalidateany rule or regulation subsequently adopted.
5. The willful violation of any rule or regulation shall subject theperson violating it to such penalty as may be applicable and which thedirector has within his power to impose under the laws of this staterelating to the business of insurance for violation of the law to which therule or regulation relates.
6. Upon request and payment of the reasonable cost thereof, ifrequired and fixed by the director, the director shall furnish a copy ofany rule, regulation, or order to any person so requesting.
(L. 1967 p. 516, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2008 S.B. 788)