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Section: 302.0721 Third-party commercial driver license examination program created, purpose, funding--rules. RSMO 302.721


Published: 2015

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Missouri Revised Statutes













Chapter 302

Drivers' and Commercial Drivers' Licenses

←302.720

Section 302.721.1

302.725→

August 28, 2015

Third-party commercial driver license examination program created, purpose, funding--rules.

302.721. 1. There shall be created a "Third-Party Commercial Driver

License Examination Program" within the department of revenue. The purpose

of this program is to certify third-party commercial driver license

examination programs and administer compliance requirements of third-party

commercial driver license examination programs in the state of Missouri.



2. Funds may be appropriated from the state highways and transportation

department fund for department of revenue administrative costs associated

with initial certification and subsequent renewal certification requirements

associated with third-party commercial driver license examination programs and

determining compliance of all regulations that are required to be adhered to

by third-party commercial driver license examination programs in the state of

Missouri. Funds may also be appropriated from the state highways and

transportation department fund for the highway patrol for functions related to

the testing, auditing, retesting, and compliance of commercial driver license

third-party examination programs, and the administration of the state CDL

testing program.



(1) The director of revenue shall promulgate rules and regulations

necessary to administer the certification and compliance programs established

pursuant to this section. Any rule promulgated regarding commercial driver

license third-party examination certification or compliance shall be

promulgated in coordination with the superintendent of the highway patrol.



(2) Any rule promulgated by the director of revenue and the

superintendent of the highway patrol regarding compliance requirements for

third-party commercial driver license examination programs shall require the

superintendent to reexamine a minimum of ten percent of those drivers who have

passed the CDL skills examination administered by a certified third-party

commercial driver license examination program in the state of Missouri.



3. Any rule or portion of a rule, as that term is defined in section

536.010, that is created under the authority delegated in this section shall

become effective only if it complies with and is subject to all of the

provisions of chapter 536 and, if applicable, section 536.028. This section

and chapter 536 are nonseverable and if any of the powers vested with the

general assembly pursuant to chapter 536 to review, to delay the effective

date or to disapprove and annul a rule are subsequently held

unconstitutional, then the grant of rulemaking authority and any rule

proposed or adopted after August 28, 2002, shall be invalid and void.



(L. 2002 H.B. 1270 and H.B. 2032)







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