Division of professional registration, duties and powers inregulation of cemeteries--rulemaking authority.
214.392. 1. The division shall:
(1) Recommend prosecution for violations of the provisions ofsections 214.270 to 214.410 to the appropriate prosecuting, circuitattorney or to the attorney general;
(2) Employ, within limits of the funds appropriated, such employeesas are necessary to carry out the provisions of sections 214.270 to214.410;
(3) Be allowed to convey full authority to each city or countygoverning body the use of inmates controlled by the department ofcorrections and the board of probation and parole to care for abandonedcemeteries located within the boundaries of each city or county;
(4) Exercise all budgeting, purchasing, reporting and other relatedmanagement functions;
(5) The division may promulgate rules necessary to implement theprovisions of sections 214.270 to 214.516, including but not limited to:
(a) Rules setting the amount of fees authorized pursuant to sections214.270 to 214.516. The fees shall be set at a level to produce revenuethat shall not substantially exceed the cost and expense of administeringsections 214.270 to 214.516. All moneys received by the division pursuantto sections 214.270 to 214.516 shall be collected by the director who shalltransmit such moneys to the department of revenue for deposit in the statetreasury to the credit of the endowed care cemetery audit fund created insection 193.265, RSMo;
(b) Rules to administer the inspection and audit provisions of theendowed care cemetery law;
(c) Rules for the establishment and maintenance of the cemeteryregistry pursuant to section 214.283.
2. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2001, shall beinvalid and void.
Division of professional registration, duties and powers inregulation of cemeteries--rulemaking authority.
214.392. 1. The division shall:
(1) Recommend prosecution for violations of the provisions ofsections 214.270 to 214.410 to the appropriate prosecuting, circuitattorney or to the attorney general;
(2) Employ, within limits of the funds appropriated, such employeesas are necessary to carry out the provisions of sections 214.270 to214.410;
(3) Be allowed to convey full authority to each city or countygoverning body the use of inmates controlled by the department ofcorrections and the board of probation and parole to care for abandonedcemeteries located within the boundaries of each city or county;
(4) Exercise all budgeting, purchasing, reporting and other relatedmanagement functions;
(5) The division may promulgate rules necessary to implement theprovisions of sections 214.270 to 214.516, including but not limited to:
(a) Rules setting the amount of fees authorized pursuant to sections214.270 to 214.516. The fees shall be set at a level to produce revenuethat shall not substantially exceed the cost and expense of administeringsections 214.270 to 214.516. All moneys received by the division pursuantto sections 214.270 to 214.516 shall be collected by the director who shalltransmit such moneys to the department of revenue for deposit in the statetreasury to the credit of the endowed care cemetery audit fund created insection 193.265, RSMo;
(b) Rules to administer the inspection and audit provisions of theendowed care cemetery law;
(c) Rules for the establishment and maintenance of the cemeteryregistry pursuant to section 214.283.
2. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2001, shall beinvalid and void.
Division of professional registration, duties and powers inregulation of cemeteries--rulemaking authority.
214.392. 1. The division shall:
(1) Recommend prosecution for violations of the provisions ofsections 214.270 to 214.410 to the appropriate prosecuting, circuitattorney or to the attorney general;
(2) Employ, within limits of the funds appropriated, such employeesas are necessary to carry out the provisions of sections 214.270 to214.410;
(3) Be allowed to convey full authority to each city or countygoverning body the use of inmates controlled by the department ofcorrections and the board of probation and parole to care for abandonedcemeteries located within the boundaries of each city or county;
(4) Exercise all budgeting, purchasing, reporting and other relatedmanagement functions;
(5) The division may promulgate rules necessary to implement theprovisions of sections 214.270 to 214.516, including but not limited to:
(a) Rules setting the amount of fees authorized pursuant to sections214.270 to 214.516. The fees shall be set at a level to produce revenuethat shall not substantially exceed the cost and expense of administeringsections 214.270 to 214.516. All moneys received by the division pursuantto sections 214.270 to 214.516 shall be collected by the director who shalltransmit such moneys to the department of revenue for deposit in the statetreasury to the credit of the endowed care cemetery audit fund created insection 193.265, RSMo;
(b) Rules to administer the inspection and audit provisions of theendowed care cemetery law;
(c) Rules for the establishment and maintenance of the cemeteryregistry pursuant to section 214.283.
2. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2001, shall beinvalid and void.
