324.412. Powers and duties of division--rulemaking. - Missouri Statutes

Powers and duties of division--rulemaking.

324.412. 1. The division shall:

(1) Employ, within the limits of the appropriations for that purpose,such employees as are necessary to carry out the provisions of sections324.400 to 324.439;

(2) Exercise all budgeting, purchasing, reporting and other relatedmanagement functions.

2. The council shall:

(1) Recommend prosecution for violations of sections 324.400 to324.439 to the appropriate prosecuting or circuit attorney;

(2) Promulgate such rules and regulations as are necessary toadminister the provisions of sections 324.400 to 324.439. Any rule orportion of a rule, as that term is defined in section 536.010, RSMo, thatis promulgated to administer and enforce sections 324.400 to 324.439, shallbecome effective only if the agency has fully complied with all of therequirements of chapter 536, RSMo, including but not limited to, section536.028, RSMo, if applicable, after August 28, 1998. If the provisions ofsection 536.028, RSMo, apply, the provisions of this section arenonseverable and if any of the powers vested with the general assemblypursuant to section 536.028, RSMo, to review, to delay the effective date,or to disapprove and annul a rule or portion of a rule are heldunconstitutional or invalid, the purported grant of rulemaking authorityand any rule so proposed and contained in the order of rulemaking shall beinvalid and void, except that nothing in this section shall affect thevalidity of any rule adopted and promulgated prior to August 28, 1998.

(L. 1998 H.B. 1601, et al. § 5, A.L. 1999 H.B. 343)