7 CSR 10-27.040 - Administration
Current through Register Vol. 46, No. 24, December 15, 2021
PURPOSE: This amendment proposes to eliminate the unnecessary use of restrictive words and editorial changes for clarity.
*Original authority: 227.295, RSMo 2009.
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7 CSR 10-27.040 Administration
PURPOSE: This rule provides the procedure to administer David's Law authorizing drunk driving memorial signs.
(1) The commission will develop an application that will capture the information needed from the applicant to determine eligibility for a sign under 7 CSR 10-27.010-7 CSR 1027.040. The commission will make the application readily available to the public in an easily accessible location, such as the commission's Internet site.
(2) Applicants must complete and submit an application to the commission. The information necessary for an application to be accepted includes:
(A) Name and contact information of the applicant;
(B) The name of the victim;
(C) Location of the crash ̶
2. Route; and
(D)Mile marker or distance from another state route;
(E) Date of the crash; and
(F) Name of at least one (1) of the vehicle operators involved in the crash.
(3) The commission is responsible for reviewing all applications. The commission will use the information in the application as well as the other documentation specified by this rule to determine if the application can be approved. The commission reserves the right to request additional information from the applicant if the circumstances of the crash are not clear.
(4) The applicant will also be responsible for providing the official accident report for the crash. If there is no accident report, or if the report does not include details on intoxication, additional documentation must also be provided that clearly indicates the intoxication of the driver and verifies that the victim was not intoxicated. Such additional documentation may include, but is not limited to, medical records of the intoxicated driver, autopsy report, a coroner report, or any other document.
(5) The applicant is also responsible for submitting the fee for the sign along with the application, made payable to Department of Revenue ̶ Credit State Road Fund. If the application is not approved, the entire fee will be returned to the applicant.
(6) Each sign will remain in place for a period of ten (10) years during which time the commission will maintain the sign in the event of damage or theft. At the end of the ten- (10-) year period, the sign will be removed unless renewed as provided in this rule.
(7) If applicants wish to keep the sign in place for an additional ten (10) years, the applicant is responsible for notifying the commission one (1) year in advance of the expiration of the ten- (10-) year period and for remitting to the commission a renewal fee for the subsequent ten- (10-) year period.
(8) Once signs are removed, they will remain the property of the commission and the sign blanks will be reused to make new signs.
(9) The fee for the sign represents the commission's cost to administer the program and manufacture, install, and maintain the sign for a period of ten (10) years. This cost, as well as the ten- (10-) year renewal fee, will be based on the commission's operating costs for the year in which the original request or renewal request is received by the commis-sion.
(10) All commission determinations under this rule, including, but not limited to, approval or disapproval of applications, the amount of the sign fee, and all other determinations are final and not subject to appeal.
AUTHORITY: section 227.295, RSMo 2016.* Original rule filed Sept. 3, 2009, effective April 30, 2010. Amended: Filed Oct. 6, 2017, effective May 30, 2018.
*Original authority: 227.295, RSMo 2009.