Adjutant general to administer program--rulemakingauthority--eligibility determination--who mayapply--disallowance, statement required.
42.222. 1. Except as otherwise provided in sections 42.220 to42.226, the adjutant general of the state of Missouri shall administer theprovisions of sections 42.220 to 42.226, and may adopt all rules andregulations necessary to administer the provisions of sections 42.220 to42.226. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections42.220 to 42.226 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. Sections 42.220 to 42.226 and chapter 536, RSMo,are nonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date or todisapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2006, shall be invalid and void.
2. The adjutant general shall determine as expeditiously as possiblethe persons who are entitled to a Vietnam War medallion, medal, and acertificate under sections 42.220 to 42.226 and distribute the medallions,medals, and the certificates as provided in sections 42.220 to 42.226.Applications for the Vietnam War medallion, medal, and the certificateshall be filed with the office of the adjutant general at any time afterJanuary 1, 2007, on forms prescribed and furnished by the adjutantgeneral's office. The adjutant general shall approve all applications thatare in order, and shall cause a Vietnam War medallion, medal, and acertificate to be prepared for each approved veteran in the form created bythe veterans' commission under section 42.224. The medallions, medals, andcertificates shall be awarded until the supply of medallions, medals, andcertificates is exhausted. The adjutant general shall notify the generalassembly when such supply totals less than one hundred.
3. The following persons may apply for a Vietnam War medallion,medal, and a certificate under sections 42.220 to 42.226:
(1) Any veteran who is entitled to a Vietnam War medallion, medal,and a certificate under sections 42.220 to 42.226;
(2) Any spouse or eldest living survivor of a deceased veteran whowould be entitled to a Vietnam War medallion, medal, and a certificateunder sections 42.220 to 42.226 but who died prior to having madeapplication for such medallion, medal, and certificate.
4. If any spouse or eldest living survivor applies for the VietnamWar medallion, medal, and certificate under subsection 3 of this section orif any veteran dies after applying for a Vietnam War medallion, medal, anda certificate under sections 42.220 to 42.226 and such veteran would havebeen entitled to the Vietnam War medallion, medal, and the certificate, theadjutant general shall give the Vietnam War medallion, medal, and thecertificate to the spouse or eldest living survivor of the deceasedveteran.
5. If the adjutant general disallows any veteran's claim to a VietnamWar medallion, medal, and a certificate under sections 42.220 to 42.226, astatement of the reason for the disallowance shall be filed with theapplication and notice of this disallowance shall be mailed to theapplicant at the applicant's last known address.
Adjutant general to administer program--rulemakingauthority--eligibility determination--who mayapply--disallowance, statement required.
42.222. 1. Except as otherwise provided in sections 42.220 to42.226, the adjutant general of the state of Missouri shall administer theprovisions of sections 42.220 to 42.226, and may adopt all rules andregulations necessary to administer the provisions of sections 42.220 to42.226. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections42.220 to 42.226 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. Sections 42.220 to 42.226 and chapter 536, RSMo,are nonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date or todisapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2006, shall be invalid and void.
2. The adjutant general shall determine as expeditiously as possiblethe persons who are entitled to a Vietnam War medallion, medal, and acertificate under sections 42.220 to 42.226 and distribute the medallions,medals, and the certificates as provided in sections 42.220 to 42.226.Applications for the Vietnam War medallion, medal, and the certificateshall be filed with the office of the adjutant general at any time afterJanuary 1, 2007, on forms prescribed and furnished by the adjutantgeneral's office. The adjutant general shall approve all applications thatare in order, and shall cause a Vietnam War medallion, medal, and acertificate to be prepared for each approved veteran in the form created bythe veterans' commission under section 42.224. The medallions, medals, andcertificates shall be awarded until the supply of medallions, medals, andcertificates is exhausted. The adjutant general shall notify the generalassembly when such supply totals less than one hundred.
3. The following persons may apply for a Vietnam War medallion,medal, and a certificate under sections 42.220 to 42.226:
(1) Any veteran who is entitled to a Vietnam War medallion, medal,and a certificate under sections 42.220 to 42.226;
(2) Any spouse or eldest living survivor of a deceased veteran whowould be entitled to a Vietnam War medallion, medal, and a certificateunder sections 42.220 to 42.226 but who died prior to having madeapplication for such medallion, medal, and certificate.
4. If any spouse or eldest living survivor applies for the VietnamWar medallion, medal, and certificate under subsection 3 of this section orif any veteran dies after applying for a Vietnam War medallion, medal, anda certificate under sections 42.220 to 42.226 and such veteran would havebeen entitled to the Vietnam War medallion, medal, and the certificate, theadjutant general shall give the Vietnam War medallion, medal, and thecertificate to the spouse or eldest living survivor of the deceasedveteran.
5. If the adjutant general disallows any veteran's claim to a VietnamWar medallion, medal, and a certificate under sections 42.220 to 42.226, astatement of the reason for the disallowance shall be filed with theapplication and notice of this disallowance shall be mailed to theapplicant at the applicant's last known address.
Adjutant general to administer program--rulemakingauthority--eligibility determination--who mayapply--disallowance, statement required.
42.222. 1. Except as otherwise provided in sections 42.220 to42.226, the adjutant general of the state of Missouri shall administer theprovisions of sections 42.220 to 42.226, and may adopt all rules andregulations necessary to administer the provisions of sections 42.220 to42.226. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections42.220 to 42.226 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. Sections 42.220 to 42.226 and chapter 536, RSMo,are nonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date or todisapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2006, shall be invalid and void.
2. The adjutant general shall determine as expeditiously as possiblethe persons who are entitled to a Vietnam War medallion, medal, and acertificate under sections 42.220 to 42.226 and distribute the medallions,medals, and the certificates as provided in sections 42.220 to 42.226.Applications for the Vietnam War medallion, medal, and the certificateshall be filed with the office of the adjutant general at any time afterJanuary 1, 2007, on forms prescribed and furnished by the adjutantgeneral's office. The adjutant general shall approve all applications thatare in order, and shall cause a Vietnam War medallion, medal, and acertificate to be prepared for each approved veteran in the form created bythe veterans' commission under section 42.224. The medallions, medals, andcertificates shall be awarded until the supply of medallions, medals, andcertificates is exhausted. The adjutant general shall notify the generalassembly when such supply totals less than one hundred.
3. The following persons may apply for a Vietnam War medallion,medal, and a certificate under sections 42.220 to 42.226:
(1) Any veteran who is entitled to a Vietnam War medallion, medal,and a certificate under sections 42.220 to 42.226;
(2) Any spouse or eldest living survivor of a deceased veteran whowould be entitled to a Vietnam War medallion, medal, and a certificateunder sections 42.220 to 42.226 but who died prior to having madeapplication for such medallion, medal, and certificate.
4. If any spouse or eldest living survivor applies for the VietnamWar medallion, medal, and certificate under subsection 3 of this section orif any veteran dies after applying for a Vietnam War medallion, medal, anda certificate under sections 42.220 to 42.226 and such veteran would havebeen entitled to the Vietnam War medallion, medal, and the certificate, theadjutant general shall give the Vietnam War medallion, medal, and thecertificate to the spouse or eldest living survivor of the deceasedveteran.
5. If the adjutant general disallows any veteran's claim to a VietnamWar medallion, medal, and a certificate under sections 42.220 to 42.226, astatement of the reason for the disallowance shall be filed with theapplication and notice of this disallowance shall be mailed to theapplicant at the applicant's last known address.
