217.040. Rulemaking authority. - Missouri Statutes

Rulemaking authority.

217.040. 1. The department shall have the authority to adopt, amendand repeal rules and regulations under the provisions of this section andchapter 536, RSMo, as necessary or desirable to carry out the provisions ofthis chapter which are not inconsistent with the constitution of thisstate. No rule or portion of a rule promulgated under the authority ofthis chapter shall become effective unless it has been promulgated pursuantto the provisions of section 536.024, RSMo.

2. The department shall adopt policies and operating regulationsconcerning only its internal management which need not be published in theMissouri Register or the code of state regulations under chapter 536, RSMo,but these regulations shall be available for public inspection and review.

3. Divisions of the department shall jointly or separately adoptregulations, policies and procedures concerning internal management whichshall be consistent with the department's policies and regulations, andneed not be published in the Missouri Register or the code of stateregulations under chapter 536, RSMo.

4. Chief administrative officers, managers or supervisors ofcorrectional centers, sections, units, or offices of the department or itsdivisions shall make such orders, rules or regulations governing theircorrectional center, section, unit, or office as required by their divisionor department and consistent with policy and procedure adopted by thedepartment.

(L. 1982 H.B. 1196 § 7, A.L. 1989 H.B. 408, A.L. 1993 S.B. 52, A.L. 1995 H.B. 424 merged with S.B. 3)