Effective - 11 Jul 2011
701.033. Department of health and senior services — powers and duties — rules, procedure. — 1. The department shall have the power and duty to:
(1) Promulgate such rules and regulations as are necessary to carry out the provisions of sections 701.025 to 701.059;
(2) Cause investigations to be made when a violation of any provision of sections 701.025 to 701.059 or the on-site sewage disposal rules promulgated under sections 701.025 to 701.059 is reported to the department;
(3) Enter at reasonable times and determining probable cause that a violation exists, upon private or public property for the purpose of inspecting and investigating conditions relating to the administration and enforcement of sections 701.025 to 701.059 and the on-site sewage disposal rules promulgated under sections 701.025 to 701.059;
(4) Authorize the trial or experimental use of innovative systems for on-site sewage disposal, after consultation with the staff of the Missouri clean water commission, upon such conditions as the department may set;
(5) Provide technical assistance and guidance to any other administrative authority in the state on the regulation and enforcement of standards for individual on-site sewage disposal systems, at the request of such other administrative authority, or when the department determines that such assistance or guidance is necessary to prevent a violation of sections 701.025 to 701.059.
2. No rule or portion of a rule promulgated under the authority of sections 701.025 to 701.059 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1986 H.B. 1101 § 5, A.L. 1993 S.B. 52, A.L. 1994 S.B. 446, A.L. 1995 S.B. 3, A.L. 2004 H.B. 1433, A.L. 2011 H.B. 89)
Effective 7-11-11
CROSS REFERENCE:
Nonseverability clause, 640.099
Structure Missouri Revised Statutes
Title XLI - Codes and Standards
Section 701.010 - Definitions.
Section 701.015 - Glazing material to be labeled — sale of nonconforming material prohibited.
Section 701.020 - Penalty for noncompliance.
Section 701.025 - Definitions.
Section 701.027 - Scope of coverage.
Section 701.029 - Operation of on-site sewage disposal system, restrictions.
Section 701.031 - Disposal of sewage, who, how, exception.
Section 701.033 - Department of health and senior services — powers and duties — rules, procedure.
Section 701.039 - Clean water commission may take action, rules not to conflict.
Section 701.043 - State standards, content.
Section 701.047 - City or county may adopt more restrictive standards.
Section 701.057 - Violations, penalties and fines.
Section 701.300 - Definitions.
Section 701.305 - Educational information to be provided on department website.
Section 701.306 - Notification of risk to health of children.
Section 701.309 - Contractor to notify department, when — notification fee, due when.
Section 701.310 - Manner of abatement — owner may perform abatement, when.
Section 701.314 - Program to train and license lead inspectors, supervisors, and workers — rules.
Section 701.318 - Laboratory analysis of lead-bearing substances — reports.
Section 701.320 - Violations, penalty.
Section 701.322 - Laboratory services for disease, lead content — fee.
Section 701.324 - Right to maintain suit not affected — local standards may be enforced.
Section 701.330 - No liability for providing information — exception — penalty.
Section 701.334 - Promotion of minority persons.
Section 701.338 - Rules — promulgation — procedure.
Section 701.340 - Childhood lead testing program established — test to be used — parental objection.
Section 701.343 - Duties of the department.
Section 701.345 - Childhood lead testing fund created.
Section 701.346 - Rulemaking authority.
Section 701.348 - Political subdivisions may provide more stringent requirements.
Section 701.349 - Severability clause.
Section 701.350 - Definitions.
Section 701.355 - Powers of the board.
Section 701.361 - Rulemaking procedure.
Section 701.363 - All installations shall have state certificate of inspection and meet safety code.
Section 701.375 - Operating certificate issued when — content — posting requirements.
Section 701.379 - Appeal from chief safety inspector's decisions, procedure.
Section 701.380 - Violators guilty of crime of abuse of elevator safety, penalty.
Section 701.381 - Elevator safety and inspection requirements not applicable, when.
Section 701.500 - New product sales, energy efficiency requirements — exceptions.
Section 701.503 - Rulemaking authority.
Section 701.506 - Updating of minimum energy efficiency standards.
Section 701.509 - Advisory group created — purpose of group — members, terms, meetings.
Section 701.515 - Investigation of complaints — attorney general may enforce.
Section 701.550 - Definitions — requirements for towers 50 feet or higher — violation, penalty.