701.033. Department of health and senior services--powers and duties--rules, procedure.

Department of health and senior services--powers and duties--rules,procedure.

701.033. 1. The department shall have the power and duty to:

(1) Promulgate such rules and regulations as are necessary to carryout the provisions of sections 701.025 to 701.059;

(2) Cause investigations to be made when a violation of any provisionof sections 701.025 to 701.059 or the on-site sewage disposal rulespromulgated under sections 701.025 to 701.059 is reported to thedepartment;

(3) Enter at reasonable times and determining probable cause that aviolation exists, upon private or public property for the purpose ofinspecting and investigating conditions relating to the administration andenforcement of sections 701.025 to 701.059 and the on-site sewage disposalrules promulgated under sections 701.025 to 701.059;

(4) Authorize the trial or experimental use of innovative systems foron-site sewage disposal, after consultation with the staff of the Missouriclean water commission, upon such conditions as the department may set.

2. No rule or portion of a rule promulgated under the authority ofsections 701.025 to 701.059 shall become effective unless it has beenpromulgated pursuant to the provisions of section 536.024, RSMo.

(L. 1986 H.B. 1101 § 5, A.L. 1993 S.B. 52, A.L. 1994 S.B. 446, A.L. 1995 S.B. 3, A.L. 2004 H.B. 1433)