333.340. Rulemaking authority--fees.
Rulemaking authority--fees.
333.340. 1. The board shall adopt and enforce rules for thetransaction of its business and for standards of service and practice to befollowed in the professions of embalming and funeral directing deemed by itnecessary for the public good and consistent with the laws of this state.The board may also prescribe a standard of proficiency as to thequalifications and fitness of those engaging in the practice of embalmingor funeral directing.
2. The board shall set the amount of the fees which this chapterauthorizes and requires by rules promulgated under section 536.021, RSMo.The fees shall be set at a level to produce revenue which shall notsubstantially exceed the cost and expense of administering this chapter.
3. The board shall promulgate and enforce rules for the transactionof its business and for standards of service and practice to be followedfor the licensing and registration of providers, sellers, and preneedagents deemed necessary for the public good and consistent with the laws ofthis state.
4. 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, 2009, shall beinvalid and void.
(L. 2009 S.B. 1)