444.720. Rules and regulations, when effective--notice, hearing--variances authorized.

Rules and regulations, when effective--notice, hearing--variancesauthorized.

444.720. 1. No rule or regulation or any amendment orrepeal thereof adopted pursuant to sections 444.500 to 444.755shall be adopted except after a public hearing to be held afterthirty days' prior notice by advertisement in any two newspapersof general statewide circulation and any newspapers with generalcirculation in the counties with strip mining operations, of thedate, time and place of hearing and opportunity given to thepublic to be heard. In addition, at least thirty days prior tothe scheduled date of the hearing, notice shall be sent by mailto any person who has registered with the director at leastforty-five days prior to the scheduled date of the hearing, forpurposes of such hearings in accordance with proceduresprescribed by the commission.

2. At the hearing, opportunity to be heard by the commissionwith respect to the subject thereof shall be afforded anyinterested person upon written request to the commission,addressed to the director, no later than seven days prior to thehearing, and may be afforded to other persons if convenient. Inaddition, any interested persons, whether or not heard, maysubmit, within seven days subsequent to the hearings, a writtenstatement of their views. The commission may solicit the views,in writing, of persons who may be affected by, or interested in,proposed rules or regulations. Any person heard or representedat the hearing or making written request for notice shall begiven written notice of the action of the commission with respectto the subject thereof.

3. Any rule or regulation or amendment or repeal thereofshall not be deemed adopted or in force and effect until it hasbeen approved in writing by at least four members of thecommission. A rule or regulation or an amendment or repealthereof shall not become effective until a certified copy thereofhas been filed with the secretary of state as provided in chapter536, RSMo.

4. Any rule or regulation or any amendment or repeal thereofwhich is adopted by the commission may differ in its terms andprovisions as between particular types of topography and areas ofthe state.

(L. 1971 S.B. 1 § 25)

CROSS REFERENCE:

Rules, procedure for making and rescinding, Chap. 536, RSMo