Missouri Revised Statutes













Chapter 374

Department of Insurance, Financial Institutions and Professional Registration

←374.040

Section 374.045.1

374.046→

August 28, 2015

Director authorized to make rules and regulations, procedure, this chapter.

374.045. 1. The director shall have the full power and authority to make

all reasonable rules and regulations to accomplish the following purposes:



(1) To regulate the internal affairs of the department of insurance,

financial institutions and professional registration;



(2) To prescribe forms and procedures to be followed in proceedings

before the department of insurance, financial institutions and professional

registration; and



(3) To effectuate or aid in the interpretation of any law of this state

in this chapter, chapter 354, chapters 375 to 385, or as otherwise authorized

by law.



2. The director may from time to time withdraw or amend any rule or

regulation in this chapter, chapter 354, chapters 375 to 385, or as otherwise

authorized by law.



3. No rule or regulation shall conflict with any law of this state. No

rule or portion of a rule promulgated under the authority of this chapter

shall become effective unless it has been promulgated pursuant to the

provisions of section 536.024.



4. At least fifteen days prior to the adoption of any rule or regulation,

or any amendment thereof, to be issued under the provisions of subdivision

(3) of subsection 1, the director shall give notice of a hearing on the

proposed action. The notice shall be mailed to all persons who have made

timely requests of the director for advance notice of its rulemaking

proceedings. The notice shall contain a statement of the terms or the

substance of the proposed rule or regulation. In addition, the notice shall

give the time and place where a hearing on the proposed rule or regulation

will be held and the manner in which interested parties may present their

views thereon. On the date of the hearing, all interested parties shall be

given reasonable opportunity to present their views or arguments in writing

or orally. The failure of any person to receive any notice of a hearing on

any proposed rule or regulation shall not invalidate any rule or regulation

subsequently adopted.



5. The willful violation of any rule or regulation shall subject the

person violating it to such penalty as may be applicable and which the

director has within his power to impose under the laws of this state relating

to the business of insurance for violation of the law to which the rule or

regulation relates.



6. Upon request and payment of the reasonable cost thereof, if required

and fixed by the director, the director shall furnish a copy of any rule,

regulation, or order to any person so requesting.



(L. 1967 p. 516, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2008 S.B.

788)





1995



1995



374.045. 1. The director shall have the full power and authority to

make all reasonable rules and regulations to accomplish the following

purposes:



(1) To regulate the internal affairs of the department of insurance;



(2) To prescribe forms and procedures to be followed in proceedings

before the department of insurance; and



(3) To effectuate or aid in the interpretation of any law of this

state pertaining to the business of insurance.



2. The director may from time to time withdraw or amend any rule or

regulation.



3. No rule or regulation shall conflict with any law of this state.

No rule or portion of a rule promulgated under the authority of this

chapter shall become effective unless it has been promulgated pursuant to

the provisions of section 536.024, RSMo.



4. At least fifteen days prior to the adoption of any rule or

regulation, or any amendment thereof, to be issued under the provisions of

subdivision (3) of subsection 1, the director shall give notice of a

hearing on the proposed action. The notice shall be mailed to all persons

who have made timely requests of the department of insurance for advance

notice of its rulemaking proceedings. The notice shall contain a statement

of the terms or the substance of the proposed rule or regulation. In

addition, the notice shall give the time and place where a hearing on the

proposed rule or regulation will be held and the manner in which interested

parties may present their views thereon. On the date of the hearing, all

interested parties shall be given reasonable opportunity to present their

views or arguments in writing or orally. The failure of any person to

receive any notice of a hearing on any proposed rule or regulation shall

not invalidate any rule or regulation subsequently adopted.



5. The willful violation of any rule or regulation shall subject the

person violating it to such penalty as may be

applicable and which the director has within his power to impose under the

laws of this state relating to the business of

insurance for violation of the law to which the rule or regulation relates.



6. Upon request and payment of the reasonable cost thereof, if

required and fixed by the director, the director shall furnish a copy of

any rule, regulation, or order to any person so requesting.



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