Rules in Development - Rulemaking Detail
|Authority:||Geological Survey Program|
|Rule Number:||10 CSR 023-01.075|
|Rule Name:||Disciplinary Action and Appeals Procedures|
|Rule Action Type:||Amendment|
|Status:||In Initial Development|
|Regulatory Impact Report:||N/A|
Abstract Short: This rule will change the appeal authority from the Well Installation Board to the Administrative Hearing Commission per HB28 passed during the 2013 legislative session.
Missouri Department of Natural Resources
Geological Survey Program
Missouri Department of Natural Resources
Updated: August 23, 2013
Affected Rule: 10 CSR 23-1.075—Disciplinary Action and Appeal Procedure Amendment
1. What is the purpose of this rulemaking?
The passage of House Bill 28 (2013) precipitated the proposal of this rulemaking, by revising the language in Section 621.250, RSMo. The language in this bill transferred the authority to hear contested case administrative appeals granted from the Well Installation Board to the administrative hearing commission (AHC in the Water Well Driller’s Act (Chapter 256, RSMo.) This bill also transferred the authority to render a final decision rather than a recommended decision in these cases, to the administrative hearing commission from the Well Installation Board.
The proposed rulemaking updates the procedures for filing an appeal, such as filing deadlines, with whom to file, determination of adequate filing, and the actions of the commission to arrive at a decision.
2. Why is the rulemaking being proposed now?
House Bill 28 was passed during the 2013 legislative session, signed by the Governor, and will become effective on August 28, 2013. The law change affects the current rule, as it states the procedures to appeal to the Well Installation Board.
3. Will the rulemaking incorporate any document by reference, rather than state the language within the rulemaking?
4. Does this rulemaking prescribe environmental standards, limits or conditions and is a Regulatory Impact Report required for this rulemaking?
An RIR is not required because this rulemaking is administrative in nature and does not prescribe environmental conditions or standards.
5. What authority does DNR have to carry out this rulemaking?
Section 256.606 RSMo, gives the Well Installation Board the authority to promulgate and adopt, after public hearings, such rules and regulations reasonably necessary to govern the regulation of the well, heat pump, monitoring well and pump installation industry in the State of Missouri.
6. What does the rulemaking require and how does it produce benefits?
The rulemaking outlines the procedure required to file an appeal in contested cases, to the administrative hearing commission. The anticipated benefits of this amendment are the uniform handling of appeals and requests for hearings.
7. Who is most likely affected by the rulemaking?
This rulemaking will affect those persons who may appeal a contested case to the AHC. These persons may be well industry permittees or the public, from across the state. In the past, not many contested cases have been appealed.
8. What impact will the rulemaking have on small businesses? (A small business is defined by statute as a for-profit enterprise with fewer than 50 full or part-time employees.)
No impact on small businesses is expected; the rule transfers the authority to hear contested cases from one commission to another. The regulated community includes small businesses with less than 50 employees located in every region of the state.
9. What are the probable costs for the department or any other public agency in the implementation and enforcement of the rulemaking?
The costs for the department to implement this rulemaking will be less than $500 in the aggregate.
10. What is the anticipated effect of the rulemaking on state revenue?
The rulemaking will have a neutral effect on state revenue.
11. Who was/will be involved in developing the rulemaking?
The Well Installation Board, Missouri Water Well Association, Missouri Groundwater Association, the Petroleum Storage Tank Insurance Fund (PSTIF), the public and other stakeholders will be involved. The regulated community will also be asked to participate in the development of the rulemaking; all meetings will be open to the public.
12. How has/will the development of the rulemaking been/be shared with interested parties and the public at large?
This rulemaking will follow the established rulemaking process that includes publishing the proposed amendment in the Missouri Register and concludes at the end of the public comment period. The rule will also be published on the department’s rules in development page and published in the industry newsletter. Notifications will also be sent to contractors and interested stakeholders informing them of any stakeholder meetings and hearings. The Well Installation Board meetings are also open to the public.
13. Who may I contact to either ask questions or provide input on this rulemaking?
You may contact Sheri Fry of the Department’s Division of Geology and Land Survey, Geological Survey Program’s Wellhead Protection Section at 573-368-2115, via email at firstname.lastname@example.org, or in writing at PO Box 250, Rolla, MO 65402.
14. What is the expected calendar for this rulemaking, particularly the dates for the comment period and public hearing?
We anticipate taking the draft proposed rulemaking to the Well Installation Board at their quarterly meeting on August 23, 2013. It is anticipated the formal public comment period will be in February 2014.