643.320. Criteria for operation of inspection stations, established--application, form, fee--commission to inspect--suspension and revocation of license, procedure--required reports--alternative admin
Criteria for operation of inspection stations,established--application, form, fee--commission toinspect--suspension and revocation of license,procedure--required reports--alternative administrativeenforcement mechanisms--sign, requirements, furnished bydepartment, cost.
643.320. 1. The commission shall prescribe the standards and equipmentnecessary for an official emissions inspection station and the qualificationsfor persons who conduct the inspections, and no applicant for certificate ofauthorization to conduct emissions inspections may be approved to operate anofficial emissions inspection station until the applicant meets the standardsand has the required equipment and qualified inspectors as prescribed by thecommission. The commission shall establish standards and procedures to befollowed in the making of inspections required by sections 643.300 to 643.355and shall prescribe rules for the operation of emissions inspection stations.
2. The application for a certificate of authorization to operate as anofficial emissions inspection station shall be made to the commission on aform furnished by the commission. The application shall be accompanied by afee established by the commission by rule, but in no case shall the fee exceedone hundred dollars. The certificate of authorization shall be renewedannually on the date of issue. All fees shall be payable to the director ofrevenue and shall be deposited by the director of revenue in the statetreasury to the credit of the Missouri air emission reduction fund establishedunder section 643.350.
3. The commission or its designee shall cause unannounced inspections tobe made of the operation of each emissions inspection station at least onceduring each calendar year. The inspection may include submitting a known highemission vehicle for inspection without prior disclosure to the inspectionstation. At any time the commission or its designee shall have reason tobelieve that any person has violated any provisions of the provisions ofsections 643.300 to 643.355 or the rules promulgated thereunder, thecommission or its designee shall refuse to issue or shall revoke or suspendany certificate of authority under this section. The suspension or revocationof a certificate of authority shall be in writing to the operator, inspector,or the person in charge of the emissions inspection station. Beforesuspending or revoking the certificate of authority to conduct emissionsinspections, the commission or its designee shall serve notice in writing bycertified mail or by personal service to the inspection station at theoperator's address of record giving the permittee the opportunity to appear inthe office of the commission on a stated date, not less than ten nor more thanthirty days after the mailing or service of the notice, for a hearing to showcause why the inspection station's certificate of authority should not besuspended or revoked. An inspection station owner or an inspector may appearin person or by counsel in the office of the commission or its designee toshow cause why the proposed suspension or revocation is in error, or topresent any other facts or testimony that would bear on the final decision ofthe commission or its designee. If the operator, owner, or inspector does notappear on the stated day after receipt of notice, it shall be presumed thatsuch party admits the allegations of fact contained in the hearingnotification letter. The decision of the commission or its designee may insuch case be based upon the written reports submitted by the commission'sofficers. The order of the commission, specifying his findings of fact andconclusions of law, shall be considered final immediately after receipt ofnotice thereof by the inspection station.
4. The department may require emissions inspection stations to furnishreports, upon forms furnished by the department for that purpose, that thedepartment considers necessary for the administration of sections 643.300 to643.355.
5. The commission may impose alternative administrative enforcementmechanisms in lieu of suspending or revoking a certificate of authority. Suchalternative administrative enforcement mechanisms may include, but not belimited to, requiring inspectors to successfully complete acommission-approved retraining program. The commission also may require anyindividual who has his or her certificate of authority suspended to undergoremedial retraining as a condition of removing such suspension.
6. The commission shall design and furnish each official emissionsinspection station, at no cost, one official sign made of metal or otherdurable material to be displayed in a conspicuous location to designate thestation as an official emissions inspection station. Additional signs may beobtained by an official inspection station for a fee equal to the cost to thestate. Each official emissions inspection station shall also be supplied withone or more posters which must be displayed in a conspicuous location at theplace of inspection and which informs the public that required repairs orcorrections need not be made at the inspection station.
(L. 1994 S.B. 590, A.L. 2006 S.B. 583)Effective 9-01-07