Missouri Laws 374.045 – Director authorized to make rules and regulations, procedure, this chapter
1. The director shall have the full power and authority to make all reasonable rules and regulations to accomplish the following purposes:
(1) To regulate the internal affairs of the department of commerce and insurance;
Terms Used In Missouri Laws 374.045
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Department: the department of commerce and insurance. See Missouri Laws 374.005
- Director: the director of the department of commerce and insurance. See Missouri Laws 374.005
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- order: as used in this chapter shall include a formal administrative direction or command of the director issued under this section or in any contested case subject to the provisions of section 536. See Missouri Laws 374.046
- person: as used in this chapter shall include any individual, partnership, corporation, association or trust, or any other legal entity. See Missouri Laws 374.046
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
(2) To prescribe forms and procedures to be followed in proceedings before the department of commerce and insurance; and
(3) To effectuate or aid in the interpretation of any law of this state in this chapter, chapter 354, chapters 375 to 385, or as otherwise authorized by law.
2. The director may from time to time withdraw or amend any rule or regulation in this chapter, chapter 354, chapters 375 to 385, 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 this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
4. At least fifteen days prior to the adoption of any rule or regulation, or any amendment thereof, to be issued under the provisions of subdivision (3) of subsection 1, the director shall give notice of a hearing on the proposed action. The notice shall be mailed to all persons who have made timely requests of the director for advance notice of its rulemaking proceedings. The notice shall contain a statement of the terms or the substance of the proposed rule or regulation. In addition, the notice shall give the time and place where a hearing on the proposed rule or regulation will be held and the manner in which interested parties may present their views thereon. On the date of the hearing, all interested parties shall be given reasonable opportunity to present their views or arguments in writing or orally. The failure of any person to receive any notice of a hearing on any proposed rule or regulation shall not invalidate any rule or regulation subsequently adopted.
5. The willful violation of any rule or regulation shall subject the person violating it to such penalty as may be applicable and which the director has within his power to impose under the laws of this state relating to the business of insurance for violation of the law to which the rule or regulation relates.
6. Upon request and payment of the reasonable cost thereof, if required and fixed by the director, the director shall furnish a copy of any rule, regulation, or order to any person so requesting.