Missouri Secretary Of State: Register

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Volume 39, Number 12Pages 1109–1150June 16, 2014SALUS POPULI SUPREMA LEX ESTO“The welfare of the people shall be the supreme law.”J a s o n Ka n d e rSecretary of StateMISSOURIREGISTER

The Missouri Register is an official publication of the state of Missouri, under the authority grantedto the secretary of state by sections 536.015, RSMo Supp. 2013 and 536.033, RSMo 2000.Reproduction of rules is allowed; however, no reproduction shall bear the name Missouri Register or“official” without the express permission of the secretary of state.The Missouri Register is published semi-monthly bySECRETARY OF STATEJason KanderAdministrative Rules DivisionJames C. Kirkpatrick State Information Center600 W. MainJefferson City, MO 65101(573) 751-4015DIRECTORWAYLENE W. HILES·MANAGING EDITORCURTIS W. TREAT·EDITORAMANDA MCKAY·ASSISTANT EDITORVONNE KILBOURN·ASSISTANT EDITORMARTY SPANN·PUBLICATION TECHNICIANJACQUELINE D. WHITE·ADMINISTRATIVE ASSISTANTALISHA DUDENHOEFFERISSN 0149-2942, USPS 320-630; periodical postage paid at Jefferson City, MOSubscription fee: 56.00 per yearPOSTMASTER: Send change of address notices and undelivered copies to:MISSOURI REGISTEROffice of the Secretary of StateAdministrative Rules DivisionPO Box 1767Jefferson City, MO 65102The Missouri Register and Code of State Regulations (CSR) are now available on the Internet. The Register address ishttp://www.sos.mo.gov/adrules/moreg/moreg.asp and the CSR is http://www.sos.mo.gov/adrules/csr/csr.asp. These websites containrulemakings and regulations as they appear in the Registers and CSR. These websites do not contain the official copies of the Registersand CSR. The official copies remain the paper copies published by the Office of the Secretary of State pursuant to sections 536.015and 536.031, RSMo Supp. 2013. While every attempt has been made to ensure accuracy and reliability, the Registers and CSR arepresented, to the greatest extent practicable as they appear in the official publications. The Administrative Rules Division may be contacted by email at rules@sos.mo.gov.The secretary of state’s office makes every effort to provide program accessibility to all citizens without regard to disability. If you desirethis publication in alternate form because of a disability, please contact the Division of Administrative Rules, PO Box 1767, JeffersonCity, MO 65102, (573) 751-4015. Hearing impaired citizens should contact the director through Missouri relay, (800) 735-2966.

MISSOURIREGISTERJune 16, 2014Vol. 39 No. 12 Pages 1109–1150I N T HIS I SSUE :EMERGENCY RULESSOURCE GUIDESDepartment of Economic DevelopmentDivision of Business and Community Services . . . . . . . . .1113RULE CHANGES SINCE UPDATE . . . . . . . . . . . . . . . .1137EMERGENCY RULES IN EFFECT . . . . . . . . . . . . . . .1143EXECUTIVE ORDERS . . . . . . . . . . . . . . . . . . . . . . . .1144REGISTER INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . .1145EXECUTIVE ORDERS. . . . . . . . . . . . . . . . . . .1114PROPOSED RULESDepartment of Higher EducationCommissioner of Higher Education . . . . . . . . . . . . . . . .1116ORDERS OF RULEMAKINGDepartment of Economic DevelopmentDivision of Business and Community Services . . . . . . . . .1118Department of Social ServicesMissouri Medicaid Audit and Compliance . . . . . . . . . . .1119Elected OfficialsSecretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . .1127IN ADDITIONSDepartment of TransportationMissouri Highways and Transportation Commission . . . . .1129CONTRACTOR DEBARMENT LIST . . . . . . . . . . . . . . .1131DISSOLUTIONS . . . . . . . . . . . . . . . . . . . . . . . . .1132RegisterFiling DeadlinesRegisterPublication DateCodePublication DateCodeEffective DateFebruary 3, 2014February 18, 2014March 3, 2014March 17, 2014March 31, 2014March 31, 2014April 30, 2014April 30, 2014March 3, 2014March 17, 2014April 1, 2014April 15, 2014April 30, 2014April 30, 2014May 30, 2014May 30, 2014April 1, 2014April 15, 2014May 1, 2014May 15, 2014May 31, 2014May 31, 2014June 30, 2014June 30, 2014May 1, 2014May 15, 2014June 2, 2014June 16, 2014June 30, 2014June 30, 2014July 30, 2014July 30, 2014June 2, 2014June 16, 2014July 1, 2014July 15, 2014July 31, 2014July 31, 2014August 30, 2014August 30, 2014July 1, 2014July 15, 2014August 1, 2014August 15, 2014August 31, 2014August 31, 2014September 30, 2014September 30, 2014August 1, 2014August 15, 2014September 2, 2014September 15, 2014September 30, 2014September 30, 2014October 30, 2014October 30, 2014September 2, 2014September 15, 2014October 1, 2014October 15, 2014October 31, 2014October 31, 2014November 30, 2014November 30, 2014October 1, 2014October 15, 2014November 3, 2014November 17, 2014November 30, 2014November 30, 2014December 30, 2014December 30, 2014Documents will be accepted for filing on all regular workdays from 8:00 a.m. until 5:00 p.m. We encourage early filings to facilitate the timely publication of theMissouri Register. Orders of Rulemaking appearing in the Missouri Register will be published in the Code of State Regulations and become effective as listed in thechart above. Advance notice of large volume filings will facilitate their timely publication. We reserve the right to change the schedule due to special circumstances.Please check the latest publication to verify that no changes have been made in this schedule. To review the entire year’s schedule, please check out the website athttp://www.sos.mo.gov/adrules/pubsched.asp

Missouri Participating LibrariesThe Missouri Register and the Code of State Regulations, as required by the Missouri Documents Law (section 181.100, RSMo Supp. 2013), areavailable in the listed participating libraries, as selected by the Missouri State Library:Jefferson County LibraryPO Box 1486, 3021 High RidgeHigh Ridge, MO 63049-1486(314) 677-8689Learning Resources CenterMineral Area CollegePO Box 1000Park Hills, MO 63601-1000(573) 431-4593Hearnes Learning Resources Ctr.Missouri Western State University4525 Downs DriveSt. Joseph, MO 64507-2294(816) 271-5802Jefferson College Library1000 Viking DriveHillsboro, MO 63050-2441(314) 789-3951 ext. 160Cape Girardeau Public Library711 N. ClarkCape Girardeau, MO 63701-4400(573) 334-5279LibraryMissouri University of Science andTechnology1870 Miner CircleRolla, MO 65409-0060(573) 341-4007LibraryNorth Central Missouri CollegePO Box 111, 1301 Main StreetTrenton, MO 64683-0107(660) 359-3948 ext. 325Lebanon-Laclede County Library915 S. Jefferson Ave.Lebanon, MO 65536-3017(417) 532-2148Spiva LibraryMissouri Southern State University3950 East Newman RoadJoplin, MO 64801-1595(417) 625-9342University LibrarySouthwest Baptist University1600 University Ave.Bolivar, MO 65613-2597(417) 328-1631Missouri State Library600 West Main, PO Box 387Jefferson City, MO 65102-0387(573) 751-3615Barry-Lawrence Regional Library213 6th St.Monett, MO 65708-2147(417) 235-6646St. Louis Public Library1301 Olive St.St. Louis, MO 63103-2389(314) 539-0376St. Louis University Law Library3700 Lindell Blvd.St. Louis, MO 63108-3478(314) 977-2742Eden/Webster LibraryEden Theological Seminary/Webster University475 East Lockwood Ave.St. Louis, MO 63119-3192(314) 961-2660 ext. 7812Thomas Jefferson LibraryUniversity of Missouri-St. Louis8001 Natural Bridge RoadSt. Louis, MO 63121-4499(314) 516-5084Washington University Law LibraryWashington UniversityCampus Box 1171, Mudd Bldg.,One Brookings Dr.St. Louis, MO 63130-4899(314) 935-6443St. Louis County Library1640 S. Lindbergh Blvd.St. Louis, MO 63131-3598(314) 994-3300 ext. 247LibraryMaryville University13550 Conway RoadSt. Louis, MO 63141-7232(314) 529-9494Pickler Memorial LibraryTruman State University100 E. NormalKirksville, MO 63501-4221(660) 785-7416Kent LibrarySoutheast Missouri State UniversityOne University PlazaCape Girardeau, MO 63701-4799(573) 651-2757Riverside Regional LibraryPO Box 389, 1997 E. Jackson Blvd.Jackson, MO 63755-0389(573) 243-8141Rutland LibraryThree Rivers Community College2080 Three Rivers Blvd.Poplar Bluff, MO 63901-2393(573) 840-9656James C. Kirkpatrick LibraryUniversity of Central Missouri142 Edwards LibraryWarrensburg, MO 64093-5020(660) 543-4149Kansas City Public Library14 West 10th StreetKansas City, MO 64105(816) 701-3546Law LibraryUniversity of Missouri-Kansas City5100 Rockhill RoadKansas City, MO 64110-2499(816) 235-2438Miller Nichols LibraryUniversity of Missouri-Kansas City5100 Rockhill RoadKansas City, MO 64110-2499(816) 235-2438B.D. Owens LibraryNorthwest Missouri State University800 University DriveMaryville, MO 64468-6001(660) 562-1841St. Joseph Public Library927 Felix StreetSt. Joseph, MO 64501-2799(816) 232-8151Missouri State Archives600 West Main, PO Box 778Jefferson City, MO 65102-0778(573) 526-6711Elmer Ellis LibraryUniversity of Missouri-Columbia106 B Ellis LibraryColumbia, MO 65211-5149(573) 882-0748Lyons Memorial LibraryCollege of the OzarksGeneral DeliveryPoint Lookout, MO 65726-9999(417) 334-6411 ext. 3551Garnett LibraryMissouri State University—WestPlains304 ClevelandWest Plains, MO 65775-3414(417) 255-7945LibraryState Historical Society of Missouri1020 Lowry St.Columbia, MO 65211-7298(573) 882-9369Springfield-Greene County Library4653 S. CampbellSpringfield, MO 65801-0760(417) 874-8110Daniel Boone Regional LibraryPO Box 1267, 100 West BroadwayColumbia, MO 65205-1267(573) 443-3161 ext. 359Meyer LibraryMissouri State UniversityPO Box 175, 901 S. NationalSpringfield, MO 65804-0095(417) 836-4533School of LawUniversity of Missouri-Columbia224 Hulston HallColumbia, MO 65211-0001(573) 882-1125Smiley Memorial LibraryCentral Methodist University411 Central Methodist SquareFayette, MO 65248-1198(660) 248-6279HOW TO CITE RULES AND RSMoRULES—Cite material in the Missouri Register by volume and page number, for example, Vol. 28, Missouri Register, page 27. The approved short form of citationis 28 MoReg 27.The rules are codified in the Code of State Regulations in this system—TitleCode of State RegulationsDivision1CSR10DepartmentAgency, DivisionChapter1.General area regulatedRule010Specific area regulatedThey are properly cited by using the full citation , i.e., 1 CSR 10-1.010.Each department of state government is assigned a title. Each agency or division within the department is assigned a division number. The agency then groups its rulesinto general subject matter areas called chapters and specific areas called rules. Within a rule, the first breakdown is called a section and is designated as (1). Subsectionis (A) with further breakdown into paragraph 1., subparagraph A., part (I), subpart (a), item I. and subitem a.RSMo—The most recent version of the statute containing the section number and the date.

June 16, 2014Vol. 39, No. 12Emergency RulesMISSOURIREGISTERpredates the State Historic Tax Credit Program. The federal application is referenced by a form number that will not be in use by theNational Park Service as of May 15, 2014; the Department ofEconomic Development became aware that this change would takeplace on approximately March 28, 2014. The Department ofEconomic Development did not have sufficient time to file this changeas a proposed rule without also creating a gap in which most potential applicants to the State Historic Tax Credit Program would beunable to apply. Without this emergency amendment, most applicantswill be unable to apply for the State Historic Tax Credit Programbecause they will be required to submit forms that will no longerexist. As an example of the impact of this program, in the third quarter of the 2014 State Fiscal Year, developers applied for project thatwill leverage over 160,000,000 in funding using the State HistoricTax Credit Program. Even a temporary gap in the availability of thisprogram would cause a significant disruption in the real estate market of Missouri. The Department of Economic Development finds acompelling governmental interest, which requires this emergencyaction. The scope of this emergency amendment is limited to the circumstances creating the emergency and complies with the protectionsextended in the Missouri and United States Constitutions. TheDepartment of Economic Development believes this emergencyamendment is fair to all interested persons and parties under the circumstances. This emergency amendment was filed May 5, 2014,becomes effective May 15, 2014, and expires February 24, 2015.Rules appearing under this heading are filed under theauthority granted by section 536.025, RSMo 2000. Anemergency rule may be adopted by an agency if the agencyfinds that an immediate danger to the public health, safety, orwelfare, or a compelling governmental interest requiresemergency action; follows procedures best calculated toassure fairness to all interested persons and parties underthe circumstances; follows procedures which comply with theprotections extended by the Missouri and the United StatesConstitutions; limits the scope of such rule to the circumstances creating an emergency and requiring emergencyprocedure, and at the time of or prior to the adoption of suchrule files with the secretary of state the text of the rule together with the specific facts, reasons, and findings which supportits conclusion that there is an immediate danger to the publichealth, safety, or welfare which can be met only through theadoption of such rule and its reasons for concluding that theprocedure employed is fair to all interested persons and parties under the circumstances.ules filed as emergency rules may be effective not lessthan ten (10) days after filing or at such later date asmay be specified in the rule and may be terminated at anytime by the state agency by filing an order with the secretaryof state fixing the date of such termination, which order shallbe published by the secretary of state in the MissouriRegister as soon as practicable.ll emergency rules must state the period during whichthey are in effect, and in no case can they be in effectmore than one hundred eighty (180) calendar days or thirty(30) legislative days, whichever period is longer. Emergencyrules are not renewable, although an agency may at any timeadopt an identical rule under the normal rulemaking procedures.R(4) Applicants for state historic preservation tax credits must followthe procedures and guidelines found in Missouri HistoricPreservation Tax Credit Program, Preliminary Application andGuidelines and complete Historic Preservation Tax Credit Program—Preliminary Approval Form 1, both of which are incorporated by reference in this rule as published [February 28, 2009] May 15, 2014,by DED and available at DED, Business and Community Services,301 West High Street, Suite 770, Jefferson City, MO 65101. Thisrule does not incorporate any subsequent amendments or additions.AAUTHORITY: sections 253.545 through 253.559, RSMo 2000 and2013, and section 620.010, [HB 788, Second Regular Session,Ninety-fourth General Assembly, 2008] RSMo 2000. Originalrule filed July 8, 2008, effective Feb. 28, 2009. Emergency amendment filed May 5, 2014, effective May 15, 2014, expires Feb. 24,2015.Title 4—DEPARTMENT OF ECONOMICDEVELOPMENTDivision 85—Division of Business and CommunityServicesChapter 5—Historic Preservation Tax CreditProgramEMERGENCY AMENDMENT4 CSR 85-5.020 Preliminary Application. The division is amending section (4).PURPOSE: This amendment updates the application materials toreflect changes in the Federal Historic Preservation Tax CreditProgram.EMERGENCY STATEMENT: This emergency amendment allows forapplicants to submit the new Federal Historic Tax Credit applicationform as is often required when submitting an application to theMissouri Historic Preservation Tax Credit Program. This emergencyamendment is required, as there is a compelling governmental interestin maintaining the viability of Missouri Historic Preservation TaxCredit Program. The previous version of this rule references an out-ofdate version of the Missouri Historic Preservation Tax Credit Program,Preliminary Application and Guidelines (Preliminary Guidelines). Theout-of-date Preliminary Guidelines require most applicants to the StateHistoric Tax Credit Program to also submit their Federal Historic TaxCredit application as well. The Federal Historic Tax Credit Program1113

MISSOURIREGISTERExecutive OrdersJune 16, 2014Vol. 39, No. 12he Secretary of State shall publish all executive orders beginning January 1, 2003, pursuant to section 536.035.2, RSMoSupp. 2013.T1114

June 16, 2014Vol. 39, No. 12Missouri RegisterPage 1115

MISSOURIREGISTERProposed RulesJune 16, 2014Vol. 39, No. 12(1) Definitions.(A) The term “Coordinating Board for Higher Education” shallrefer to the Coordinating Board for Higher Education as created bysection 173.005.2, RSMo.(B) The term “Department of Higher Education” shall refer to theMissouri Department of Higher Education as created by section173.005.1, RSMo.(C) The term “public institution of higher education” shall refer toany Missouri public institution of higher education as defined in section 173.1102(3), RSMo.(D) The term “educational credit” shall refer to those credits thatare awarded to students for prior military service or training. Thesecredits can be applied toward the requirements of a certificate, licensure, diploma, or degree.(E) The term “prior military training or service” shall refer to anyprior service or training that may be eligible for educational credit asdetermined by the higher education institution. These include, but arenot limited to:1. University coursework completed during military service;2. Examinations, such as the College Level Examination Program(CLEP), and the CLEP portion of Defense Activity for NonTraditional Education Support (DANTES) Language School; and3. Military courses that have been developed and taught by military personnel.(F) The term “American Council on Education (ACE)” refers tothe coordinating body for the nation’s institutions of higher education. They provide institutions with recommendations on evaluatingand awarding educational credits for college or university-level learning earned through prior military service or training.nder this heading will appear the text of proposed rulesand changes. The notice of proposed rulemaking isrequired to contain an explanation of any new rule or anychange in an existing rule and the reasons therefor. This is setout in the Purpose section with each rule. Also required is acitation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.”ntirely new rules are printed without any special symbology under the heading of proposed rule. If an existingrule is to be amended or rescinded, it will have a heading ofproposed amendment or proposed rescission. Rules whichare proposed to be amended will have new matter printed inboldface type and matter to be deleted placed in brackets.n important function of the Missouri Register is to solicitand encourage public participation in the rulemakingprocess. The law provides that for every proposed rule,amendment, or rescission there must be a notice that anyonemay comment on the proposed action. This comment maytake different forms.f an agency is required by statute to hold a public hearingbefore making any new rules, then a Notice of PublicHearing will appear following the text of the rule. Hearingdates must be at least thirty (30) days after publication of thenotice in the Missouri Register. If no hearing is planned orrequired, the agency must give a Notice to SubmitComments. This allows anyone to file statements in supportof or in opposition to the proposed action with the agencywithin a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register.n agency may hold a public hearing on a rule eventhough not required by law to hold one. If an agencyallows comments to be received following the hearing date,the close of comments date will be used as the beginning dayin the ninety- (90-) day-count necessary for the filing of theorder of rulemakin

The Missouri Registeris an official publication of the state of Missouri, under the authority granted to the secretary of state by sections 536.015, RSMo Supp. 2013 and 536.033, RSMo 2000. Reproduction of rules is allowed; however, no reproduction shall bear the name Missouri Register or “official” without the express permission of the secretary of state.

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