327.041. Board, powers and duties--rules, generally, this chapter, procedure. - Missouri Statutes

Board, powers and duties--rules, generally, this chapter, procedure.

327.041. 1. The board shall have the duty and the power to carry outthe purposes and to enforce and administer the provisions of this chapter,to require, by summons or subpoena, with the advice of the attorney generaland upon the vote of two-thirds of the voting board members, the attendanceand testimony of witnesses, and the production of drawings, plans, plats,specifications, books, papers or any document representing any matter underhearing or investigation, pertaining to the issuance, probation, suspensionor revocation of certificates of registration or certificates of authorityprovided for in this chapter, or pertaining to the unlawful practice ofarchitecture, professional engineering, professional land surveying orlandscape architecture.

2. The board shall, within the scope and purview of the provisions ofthis chapter, prescribe the duties of its officers and employees and adopt,publish and enforce the rules and regulations of professional conduct whichshall establish and maintain appropriate standards of competence andintegrity in the professions of architecture, professional engineering,professional land surveying and landscape architecture, and adopt, publishand enforce procedural rules and regulations as may be considered by theboard to be necessary or proper for the conduct of the board's business andthe management of its affairs, and for the effective administration andinterpretation of the provisions of this chapter. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this chapter shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2001, shall be invalid and void.

3. Rules promulgated by the board pursuant to sections 327.272 to327.635 shall be consistent with and shall not supersede the rulespromulgated by the department of natural resources pursuant to chapter 60,RSMo.

(L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1986 H.B. 1163, A.L. 1989 H.B. 190, et al., A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567)