236.415. Council's powers and duties--public hearings required--adoption of rules and regulations, procedure.

MISSOURI STATUTES AND CODES

236.415. Council's powers and duties--public hearings required--adoption of rules and regulations, procedure.

Council's powers and duties--public hearings required--adoptionof rules and regulations, procedure.

236.415. 1. The council considering recommendations of the chiefengineer shall, subsequent to a public meeting, adopt, subject to the approvalof the director, the general technological guidelines and the standards,guidelines, rules and regulations applicable to permits, the design,construction, maintenance, operation, alteration, repair, enlargement,reduction, removal or natural physical changes that may occur to a dam orreservoir. Violations of guidelines, standards, rules and regulations areviolations of sections 236.400 to 236.500 permitting the revocation,suspension, or refusal to issue any permit required by sections 236.400 to236.500. No standards, guidelines, rules, or regulations shall be adopted, orany amendment or repeal thereof shall be effective, except after a publichearing to be held after thirty days' prior notice by advertisement or pressrelease, and publication as required in chapter 536, RSMo, of the date, timeand place of the hearing and opportunity given to the public to be heard.

2. At the hearing, opportunity to be heard by the council with respectto the subject thereof shall be afforded any interested person upon writtenrequest to the council, addressed to the chief engineer, received not laterthan seven days prior to the hearing and may be afforded to other persons ifconvenient. In addition, any interested person, whether or not heard, maysubmit, within seven days subsequent to the hearings, a written statement ofhis views. The council may solicit the views, in writing, of persons who maybe affected by, or interested in, proposed rules and regulations, standards orguidelines. Any person heard or represented at the hearing or making writtenrequest for notice shall be given written notice of the action of the councilwith respect to the subject thereof.

3. The council upon hearing the recommendations of the chief engineerand reviewing the application for a construction or registration permit shallapprove or deny the permit application. The council may delegate authority toapprove or deny permit applications to the chief engineer, whose actions shallbe subject to appeal to the council as provided in subsection 2 of section236.425.

4. No standard, rule or regulation or guideline, or amendment or repealthereof, adopted by the council shall be in force and effect until it has beenapproved in writing by the director and the requirements of chapter 536, RSMo,are satisfied. The affirmative vote of at least four members of the councilshall be required for adoption.