Missouri Register, Volume 44, No. 02, January 15, 2019, Pages 267-488
| Library | Missouri Register |
| Published date | 15 January 2019 |
| Year | 2019 |
Title 1—OFFICE OF ADMINISTRATION
Division 10—Commissioner of Administration
Chapter 18—Retirement Policy
ORDER OF RULEMAKING
By the authority vested in the Commissioner of Administration under
section 104.404, RSMo 2016, the commissioner rescinds a rule as
follows:
1 CSR 10-18.010 Retirement Policy is rescinded.
A notice of proposed rulemaking containing the text of the proposed
rescission was published in the Missouri Register on October 15,
2018 (43 MoReg 2975). No changes have been made in the text of
the proposed rescission, so it is not reprinted here. This proposed
rescission becomes effective thirty (30) days after publication in the
Code of State Regulations.
SUMMARY OF COMMENTS: No comments were received.
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 1—Organization and Operation
ORDER OF RULEMAKING
By the authority vested in the Personnel Advisory Board under sec-
tion 36.070, RSMo Supp. 2018, the Board amends a rule as follows:
1 CSR 20-1.010 General Organization is amended.
A notice of proposed rulemaking containing the text of the proposed
amendment was published in the Missouri Register on October 1,
018 (43 MoReg 2782-2783). No changes have been made in the text
of the proposed amendment, so it is not reprinted here. This pro-
posed amendment becomes effective thirty (30) days after publica-
tion in the Code of State Regulations.
SUMMARY OF COMMENTS: A public hearing on this proposed
amendment was held November 5, 2018, and the public comment
period also ended November 5, 2018. At the public hearing, one (1)
oral comment was made.
COMMENT #1: Clark Brown, on behalf of Service Employees
International Union (SEIU), Local 1, stated that the proposed
amendment to 1 CSR 20-1.010 would strip away the authority of the
Personnel Advisory Board on merit principles.
RESPONSE: The proposed amendment to 1 CSR 20-1.010 removes
language describing the Board’s members and authority in section (2)
that largely mirrors the statutory language of sections 36.050 and
36.060, RSMo, and does not alter the authority of the Board on merit
principles. No changes have been made to the amendment text as a
result of this comment
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 1—Organization and Operation
ORDER OF RULEMAKING
By the authority vested in the Personnel Advisory Board under sec-
tion 36.070, RSMo Supp. 2018, the Board amends a rule as follows:
1 CSR 20-1.020 Definitions is amended.
A notice of proposed rulemaking containing the text of the proposed
amendment was published in the Missouri Register on October 1,
2018 (43 MoReg 2783-2787). No changes have been made in the text
of the proposed amendment, so it is not reprinted here. This pro-
posed amendment becomes effective thirty (30) days after publica-
tion in the Code of State Regulations.
SUMMARY OF COMMENTS: A public hearing on this proposed
amendment was held November 5, 2018, and the public comment
period also ended November 5, 2018. No comments were received.
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 1—Organization and Operation
ORDER OF RULEMAKING
By the authority vested in the Personnel Advisory Board under sec-
tion 36.070, RSMo Supp. 2018, the Board rescinds a rule as follows:
1 CSR 20-1.030 Personnel Rules is rescinded.
Orders of Rulemaking
376
This section will contain the final text of the rules proposed
by agencies. The order of rulemaking is required to con-
tain a citation to the legal authority upon which the order or
rulemaking is based; reference to the date and page or pages
where the notice of proposed rulemaking was published in
the Missouri Register; an explanation of any change between
the text of the rule as contained in the notice of proposed
rulemaking and the text of the rule as finally adopted, togeth-
er with the reason for any such change; and the full text of
any section or subsection of the rule as adopted which has
been changed from that contained in the notice of proposed
rulemaking. The effective date of the rule shall be not less
than thirty (30) days after the date of publication of the revi-
sion to the Code of State Regulations.
The agency is also required to make a brief summary of
the general nature and extent of comments submitted in
support of or opposition to the proposed rule and a concise
summary of the testimony presented at the hearing, if any,
held in connection with the rulemaking, together with a con-
cise summary of the agency’s findings with respect to the
merits of any such testimony or comments which are
opposed in whole or in part to the proposed rule. The ninety-
(90-) day period during which an agency shall file its order of
rulemaking for publication in the Missouri Register begins
either: 1) after the hearing on the proposed rulemaking is
held; or 2) at the end of the time for submission of comments
to the agency. During this period, the agency shall file with
the secretary of state the order of rulemaking, either putting
the proposed rule into effect, with or without further changes,
or withdrawing the proposed rule.
January 15, 2019
Vol. 44, No. 2
MISSOURI
REGISTER
Previous Section
Previous Section
A notice of proposed rulemaking containing the text of the proposed
rescission was published in the Missouri Register on October 1, 2018
(43 MoReg 2787). No changes have been made in the text of the pro-
posed rescission, so it is not reprinted here. This proposed rescission
becomes effective thirty (30) days after publication in the Code of
State Regulations.
SUMMARY OF COMMENTS: A public hearing on this proposed
rescission was held November 5, 2018, and the public comment peri-
od also ended November 5, 2018. No comments were received.
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 1—Organization and Operation
ORDER OF RULEMAKING
By the authority vested in the Personnel Advisory Board under sec-
tion 36.070, RSMo Supp. 2018, the Board amends a rule as follows:
1 CSR 20-1.040 Unclassified Service is amended.
A notice of proposed rulemaking containing the text of the proposed
amendment was published in the Missouri Register on October 1,
2018 (43 MoReg 2787-2788). No changes have been made in the text
of the proposed amendment, so it is not reprinted here. This pro-
posed amendment becomes effective thirty (30) days after publication
in the Code of State Regulations.
SUMMARY OF COMMENTS: A public hearing on this proposed
amendment was held November 5, 2018, and the public comment
period also ended November 5, 2018. No comments were received.
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 1—Organization and Operation
ORDER OF RULEMAKING
By the authority vested in the Personnel Advisory Board under sec-
tion 36.070, RSMo Supp. 2018, the Board amends a rule as follows:
1 CSR 20-1.045 Covered Service is amended.
A notice of proposed rulemaking containing the text of the proposed
amendment was published in the Missouri Register on October 1,
2018 (43 MoReg 2788-2790). No changes have been made in the text
of the proposed amendment, so it is not reprinted here. This pro-
posed amendment becomes effective thirty (30) days after publication
in the Code of State Regulations.
SUMMARY OF COMMENTS: A public hearing on this proposed
amendment was held November 5, 2018, and the public comment
period also ended November 5, 2018. No comments were received.
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 1—Organization and Operation
ORDER OF RULEMAKING
By the authority vested in the Personnel Advisory Board under sec-
tion 36.070, RSMo Supp. 2018, the Board rescinds a rule as follows:
1 CSR 20-1.050 Records and Reports is rescinded.
A notice of proposed rulemaking containing the text of the proposed
rescission was published in the Missouri Register on October 1, 2018
(43 MoReg 2790). No changes have been made in the text of the pro-
posed rescission, so it is not reprinted here. This proposed rescission
becomes effective thirty (30) days after publication in the Code of
State Regulations.
SUMMARY OF COMMENTS: A public hearing on this proposed
rescission was held November 5, 2018, and the public comment peri-
od also ended November 5, 2018. No comments were received.
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 2—Classification and Pay Plans
ORDER OF RULEMAKING
By the authority vested in the Personnel Advisory Board under sec-
tion 36.070, RSMo Supp. 2018, the Board amends a rule as follows:
1 CSR 20-2.010 The Classification Plan is amended.
A notice of proposed rulemaking containing the text of the proposed
amendment was published in the Missouri Register on October 1,
2018 (43 MoReg 2790-2791). No changes have been made in the text
of the proposed amendment, so it is not reprinted here. This pro-
posed amendment becomes effective thirty (30) days after publication
in the Code of State Regulations.
SUMMARY OF COMMENTS: A public hearing on this proposed
amendment was held November 5, 2018, and the public comment
period also ended November 5, 2018. No comments were received.
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 2—Classification and Pay Plans
ORDER OF RULEMAKING
By the authority vested in the Personnel Advisory Board under sec-
tion 36.070, RSMo Supp. 2018, the Board amends a rule as follows:
1 CSR 20-2.015 Broad Classification Bands is amended.
A notice of proposed rulemaking containing the text of the proposed
amendment was published in the Missouri Register on October 1,
2018 (43 MoReg 2791-2794). No changes have been made in the text
of the proposed amendment, so it is not reprinted here. This pro-
posed amendment becomes effective thirty (30) days after publication
in the Code of State Regulations.
SUMMARY OF COMMENTS: A public hearing on this proposed
amendment was held November 5, 2018, and the public comment
period also ended November 5, 2018. No comments were received.
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 2—Classification and Pay Plans
ORDER OF RULEMAKING
Page 377
January 15, 2019
Vol. 44, No. 2 Missouri Register
January 15, 2019
Vol. 44, No. 2
By the authority vested in the Personnel Advisory Board under sec-
tion 36.070, RSMo Supp. 2018, the Board amends a rule as follows:
1 CSR 20-2.020 The Pay Plan is amended.
A notice of proposed rulemaking containing the text of the proposed
amendment was published in the Missouri Register on October 1,
2018 (43 MoReg 2795-2797). No changes have been made in the text
of the proposed amendment, so it is not reprinted here. This pro-
posed amendment becomes effective thirty (30) days after publica-
tion in the Code of State Regulations.
SUMMARY OF COMMENTS: A public hearing on this proposed
amendment was held November 5, 2018, and the public comment
period also ended November 5, 2018. No comments were received.
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 3—Personnel Selection, Appointment,
Evaluation and Separation
ORDER OF RULEMAKING
By the authority vested in the Personnel Advisory Board under sec-
tion 36.070, RSMo Supp. 2018, the Board amends a rule as follows:
1 CSR 20-3.010 Examinations is amended.
A notice of proposed rulemaking containing the text of the proposed
amendment was published in the Missouri Register on October 1,
2018 (43 MoReg 2797-2800). No changes have been made in the text
of the proposed amendment, so it is not reprinted here. This pro-
posed amendment becomes effective thirty (30) days after publica-
tion in the Code of State Regulations.
SUMMARY OF COMMENTS: A public hearing on this proposed
amendment was held November 5, 2018, and the public comment
period also ended November 5, 2018. No comments were received.
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 3—Personnel Selection, Appointment,
Evaluation and Separation
ORDER OF RULEMAKING
By the authority vested in the Personnel Advisory Board under sec-
tion 36.070, RSMo Supp. 2018, the Board amends a rule as follows:
1 CSR 20-3.020 Registers is amended.
A notice of proposed rulemaking containing the text of the proposed
amendment was published in the Missouri Register on October 1,
2018 (43 MoReg 2800-2802). No changes have been made in the text
of the proposed amendment, so it is not reprinted here. This pro-
posed amendment becomes effective thirty (30) days after publica-
tion in the Code of State Regulations.
SUMMARY OF COMMENTS: A public hearing on this proposed
amendment was held November 5, 2018, and the public comment
period also ended November 5, 2018. No comments were received.
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 3—Personnel Selection, Appointment,
Evaluation and Separation
ORDER OF RULEMAKING
By the authority vested in the Personnel Advisory Board under sec-
tion 36.070, RSMo Supp. 2018, the Board amends a rule as follows:
1 CSR 20-3.030 Certification and Appointment is amended.
A notice of proposed rulemaking containing the text of the proposed
amendment was published in the Missouri Register on October 1,
2018 (43 MoReg 2802-2804). No changes have been made in the text
of the proposed amendment, so it is not reprinted here. This pro-
posed amendment becomes effective thirty (30) days after publica-
tion in the Code of State Regulations.
SUMMARY OF COMMENTS: A public hearing on this proposed
amendment was held November 5, 2018, and the public comment
period also ended November 5, 2018. One (1) written comment was
received prior to the public hearing. At the public hearing, one (1)
oral comment was made.
COMMENT #1: Chris Grant, on behalf of American Federation of
State, County, and Municipal Employees (AFSCME), Council 61,
Service Employees International Union (SEIU), Local 1, and
Communications Workers of America (CWA), Local 6355 (collec-
tively the “Unions”), submitted a statement in opposition to this pro-
posed amendment as well as the proposed amendments to 1 CSR 20-
3.070 and 1 CSR 20-4.020. The Unions argue that the proposed
rules go beyond the plain language and purpose of Senate Bill 1007
(2018), represent an administrative overreach, and are unauthorized
by law and also unconstitutional. The Unions object to the proposed
amendment of 1 CSR 20-3.030 “to the extent the changes seek to
prohibit employees from bargaining and enforcing requirements of
‘cause’ or ‘just cause’ for demotion, discipline, and discharge and
from bargaining and enforcing seniority considerations in layoffs,
recalls, and transfers.”
RESPONSE: The Board reviewed the Unions’ legal assertions, but
believes they relate to statutory terms. These rules carry forward the
meaning of the statute. No changes have been made to the amend-
ment text as a result of this comment.
COMMENT #2: Clark Brown, on behalf of Service Employees
International Union (SEIU), Local 1, stated that the removal of lan-
guage in the proposed amendment to 1 CSR 20-3.030 relating to lay-
off, transfer, and reinstatement, as well as the concept of dismissal
for no reason, go beyond what is required by statutes.
RESPONSE: The Board reviewed Mr. Brown’s legal assertions, but
believes they relate to statutory terms. These rules carry forward the
meaning of the statute. Section 36.025, RSMo, reads as follows:
“Except as otherwise provided in section 36.030, all employees of
the state shall be employed at-will, may be selected in the manner
deemed appropriate by their respective appointing authorities, shall
serve at the pleasure of their respective appointing authorities, and
may be discharged for no reason or any reason not prohibited by law,
including section 105.055.” No changes have been made to the
amendment text as a result of this comment.
Title 1—OFFICE OF ADMINISTRATION
Division 20—Personnel Advisory Board and Division of
Personnel
Chapter 3—Personnel Selection, Appointment,
Evaluation and Separation
ORDER OF RULEMAKING
Page 378 Orders of Rulemaking
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