302.721. Third-party commercial driver license examination program created, purpose, funding--rules.
Third-party commercial driver license examination program created,purpose, funding--rules.
302.721. 1. There shall be created a "Third-Party Commercial DriverLicense Examination Program" within the department of revenue. The purposeof this program is to certify third-party commercial driver licenseexamination programs and administer compliance requirements of third-partycommercial driver license examination programs in the state of Missouri.
2. Funds may be appropriated from the state highways andtransportation department fund for department of revenue administrativecosts associated with initial certification and subsequent renewalcertification requirements associated with third-party commercial driverlicense examination programs and determining compliance of all regulationsthat are required to be adhered to by third-party commercial driver licenseexamination programs in the state of Missouri. Funds may also beappropriated from the state highways and transportation department fund forthe highway patrol for functions related to the testing, auditing,retesting, and compliance of commercial driver license third-partyexamination programs, and the administration of the state CDL testingprogram.
(1) The director of revenue shall promulgate rules and regulationsnecessary to administer the certification and compliance programsestablished pursuant to this section. Any rule promulgated regardingcommercial driver license third-party examination certification orcompliance shall be promulgated in coordination with the superintendent ofthe highway patrol.
(2) Any rule promulgated by the director of revenue and thesuperintendent of the highway patrol regarding compliance requirements forthird-party commercial driver license examination programs shall requirethe superintendent to reexamine a minimum of ten percent of those driverswho have passed the CDL skills examination administered by a certifiedthird-party commercial driver license examination program in the state ofMissouri.
3. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.
(L. 2002 H.B. 1270 and H.B. 2032)