rules of department of revenue - sos.mo.gov · division 10—director of revenue chapter 25—motor...

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CODE OF STATE REGULATIONS 1 Rebecca McDowell Cook (10/31/00) Secretary of State Rules of Department of Revenue Division 10—Director of Revenue Chapter 25—Motor Vehicle Financial Responsibility Title Page 12 CSR 10-25.010 Application for Certificate of Self-Insurance (Rescinded August 30, 1991)..........3 12 CSR 10-25.020 Procedures for Obtaining Securities When a Judgment is Rendered ..................3 12 CSR 10-25.030 Hearings Held Pursuant to Section 303.290.1, RSMo ...................................3 12 CSR 10-25.040 Posting Real Estate Bonds as Security for an Accident ..................................4 12 CSR 10-25.050 Filing a Report of an Accident With the Director of Revenue ..........................7 12 CSR 10-25.060 Insurance Identification Cards ..............................................................12 12 CSR 10-25.070 Power of Attorney .............................................................................12 12 CSR 10-25.080 Failure to Produce Insurance Identification Card—Other Types of Proof Acceptable ..........................................................................15 12 CSR 10-25.090 Fees Assessed for Failure to Surrender Drivers License or Registration Plates After Suspension (Rescinded July 30, 2000) ....................15 12 CSR 10-25.100 Distribution of Fees ...........................................................................15 12 CSR 10-25.110 Application for Certificate of Self-Insurance .............................................15 12 CSR 10-25.120 Application for Certificate of Self-Insurance from Religious Denominations ...................................................................16

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Page 1: Rules of Department of Revenue - sos.mo.gov · Division 10—Director of Revenue Chapter 25—Motor Vehicle Financial Responsibility 12 CSR 10-25.010 Application for Certificate of

CODE OF STATE REGULATIONS 1Rebecca McDowell Cook (10/31/00)Secretary of State

Rules of

Department of RevenueDivision 10—Director of Revenue

Chapter 25—Motor Vehicle Financial Responsibility

Title Page

12 CSR 10-25.010 Application for Certificate of Self-Insurance (Rescinded August 30, 1991)..........3

12 CSR 10-25.020 Procedures for Obtaining Securities When a Judgment is Rendered ..................3

12 CSR 10-25.030 Hearings Held Pursuant to Section 303.290.1, RSMo...................................3

12 CSR 10-25.040 Posting Real Estate Bonds as Security for an Accident ..................................4

12 CSR 10-25.050 Filing a Report of an Accident With the Director of Revenue ..........................7

12 CSR 10-25.060 Insurance Identification Cards ..............................................................12

12 CSR 10-25.070 Power of Attorney.............................................................................12

12 CSR 10-25.080 Failure to Produce Insurance Identification Card—Other Typesof Proof Acceptable..........................................................................15

12 CSR 10-25.090 Fees Assessed for Failure to Surrender Drivers License orRegistration Plates After Suspension (Rescinded July 30, 2000) ....................15

12 CSR 10-25.100 Distribution of Fees...........................................................................15

12 CSR 10-25.110 Application for Certificate of Self-Insurance .............................................15

12 CSR 10-25.120 Application for Certificate of Self-Insurance fromReligious Denominations ...................................................................16

Page 2: Rules of Department of Revenue - sos.mo.gov · Division 10—Director of Revenue Chapter 25—Motor Vehicle Financial Responsibility 12 CSR 10-25.010 Application for Certificate of

Title 12—DEPARTMENT OFREVENUE

Division 10—Director of RevenueChapter 25—Motor Vehicle Financial

Responsibility

12 CSR 10-25.010 Application forCertificate of Self-Insurance(Rescinded August 30, 1991)

AUTHORITY: section 303.290, RSMo 1986.Original rule filed Oct. 30, 1974, effectiveNov. 11, 1974. Emergency rescission filedMarch 15, 1991, effective March 25, 1991,expired July 23, 1991. Rescinded: FiledMarch 15, 1991, effective Aug. 30, 1991.

12 CSR 10-25.020 Procedures for Obtain-ing Securities When a Judgment isRendered

PURPOSE: This rule sets forth the proce-dures to be followed in order to obtain secu-rities which have been posted with the direc-tor of revenue in compliance with Chapter303, RSMo in satisfaction of a judgment fordamages arising out of the ownership and useof a motor vehicle.

(1) Petitions for recovery of damages shall besent to the Department of Revenue, DriversLicense Bureau. The petition copy shall carrythe official filing stamp of the court withinwhich it is filed. The drivers license numberof the defendant shall be provided by theattorney who submits the petition.

(2) The bureau, upon receipt of the petition,shall mark the file of the defendant subject“Litigation Pending.” If the filing stamp onthe petition indicates it was filed within one(1) year of the accident, a letter confirmingthis is sent to the plaintiff’s attorney.

(3) Upon rendition of a judgment for plaintiffand after the time for appeal has expired, theplaintiff or the plaintiff’s attorney may submita certified copy of the judgment to thebureau. The bureau, in the case of cashdeposits, shall submit a check to the plaintiffor plaintiff’s attorney made payable to theplaintiff. When other forms of security areposted, that is, real estate bonds or securitybonds, the bond shall be sent to the clerk ofthe court. The attorney for the plaintiff shallbe notified in each case of the submission ofthe security to the clerk. It shall be the attor-ney’s responsibility to receive the securityand make partial or full satisfaction andrelease of the judgment.

(4) The bureau shall notify the person whoposted the security of its submission to theplaintiff or plaintiff’s attorney.

(5) Whenever the words plaintiff and defen-dant are used in this procedure, plaintiff shallmean the person in whose favor the judgmentis rendered, defendant shall mean the judg-ment debtor who has posted security with theDrivers License Bureau, regardless of thefact that the judgment may have been ren-dered upon a counterclaim or upon a third-party pleading.

AUTHORITY: section 303.290, RSMo 1986.*Original rule filed June 12, 1974, effectiveJune 24, 1974. Amended: Filed Sept. 14,1981, effective Jan. 1, 1982. Amended: FiledNov. 21, 1991, effective April 9, 1992.

*Original authority 1953, amended 1957, 1986.

12 CSR 10-25.030 Hearings Held Pursuantto Section 303.290.1, RSMo

PURPOSE: This rule sets forth the proce-dures used by the director in holding hearingsas required by statute and the United StatesSupreme Court ruling of Bell v. Burson priorto the time any action is taken for compliancewith the Safety Responsibility Law.

(1) Parties must request a hearing by the com-pliance date as established by the Departmentof Revenue. Failure to request a hearing bythe date will be considered a waiver of theright to an administrative hearing and willmake final for the purposes of review of thedirector’s decision.

(2) If any request for a hearing required to befiled on or before a prescribed date is deliv-ered after that date by United States mail tothe director of revenue, or the office or per-son in that office with which or with whomthe request is required to be filed, the date ofthe United States postmark stamped on theenvelope shall be deemed to be the date of fil-ing. This shall apply only if the postmarkeddate falls on or before the compliance date asestablished by the Department of Revenue. Ifany date for performing any act falls on aSaturday, Sunday or legal holiday in thisstate, the performance of the act shall be con-sidered timely if it is performed on the nextsucceeding day which is not a Saturday,Sunday or legal holiday.

(3) Failure to request a hearing by the com-pliance date with the Department of Revenue,Drivers License Bureau, or failure to appearat a hearing in person, by affidavit or by tele-

phone, will preclude that party from obtain-ing judicial review in the circuit court of thecounty of the residence of the licensee. Thefiling of a petition for review under section303.290.2, RSMo automatically will stay anydecision of the director pending the decisionof the court; provided, a copy of the petitionis filed with the director.

(4) Hearings for officer notice sampling caseswill be scheduled and conducted by telephoneunless a request for an in-person hearing ismade. All other hearings under Chapter 303,RSMo will be held in Jefferson City,Missouri.

(5) Parties requesting hearings will be noti-fied of the date and the time of the hearing byfirst class mail at least ten (10) days prior tothe hearing date. Copies of the notices will goto the attorneys of record and the partiesinvolved.

(6) Parties requesting hearings will beallowed one (1) continuance at the discretionof the hearing officer provided good cause beshown. All requests for continuances shall bemade in writing, shall state good cause forthe continuance, shall be signed and verifiedby the party making the request or his/herattorney or authorized representative. Allrequests for continuance must be filed notlater than six (6) days prior to the date of thescheduled hearing. The following events orconditions shall constitute good cause to con-tinue a hearing:

(A) Death of a party, representative orattorney of a party, or witness to an essentialfact;

(B) Incapacitating illness of a party or rep-resentative, or attorney of a party, or witnessto an essential fact. The request must containa written statement by an attending physicianreciting the nature and probable duration ofthe illness; and

(C) Unavailability of a party, representativeor attorney, or material witness due to anunavoidable emergency.

(7) Cases under section 303.290.1, RSMoshall be considered contested cases as thatterm is defined in Chapter 536, RSMo.

(8) Hearing Procedures.(A) The director or his/her representative

shall state to the requesting party that therequest for hearing for the Notice ofSuspension has been received. Other unin-sured parties involved in the case, if any, shallbe notified that the Department of Revenuehas made a preliminary determination that aparty was an uninsured motorist and subjectto the Motor Vehicle Financial Responsibility

CODE OF STATE REGULATIONS 3Rebecca McDowell Cook (10/31/00)Secretary of State

Chapter 25—Motor Vehicle Financial Responsibility 12 CSR 10-25

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Law, and a request for an administrative hear-ing has been received. All other insured par-ties involved in the case, if any, shall be noti-fied that the Department of Revenue hasdetermined the uninsured parties drivingand/or registration privileges may be sus-pended as required by the Motor VehicleFinancial Responsibility Law, and a requestfor an administrative hearing has beenreceived.

(B) The requesting party may present anynew facts which s/he feels may show thatthere is no reasonable possibility of a moneyjudgment being rendered or that the percentof liability or amount of security requiredshould be reduced. The party may also pre-sent any new facts that s/he feels may showwhy s/he should not be suspended for viola-tion of the Motor Vehicle FinancialResponsibility Law.

(C) Parties may present testimony by affi-davit. Affidavits may be filed at time ofhearing or after notice of setting of hearing.

(D) Failure to appear at the hearing in per-son, by affidavit or by telephone at the statedtime will make final the decision of the direc-tor as of that date.

(E) The provisions of Chapter 536, RSMoshall apply to hearings held pursuant to sec-tion 303.290.1, RSMo.

(9) The director shall make Findings of Factand Conclusions of Law and enter his/herdecision. All parties will be mailed a copy ofthe Findings of Fact and Conclusions of Lawwhen they become final. No decision will begiven at the time of the hearing.

(10) The effective date of the director’s deci-sion shall be the compliance date establishedby the Department of Revenue or the date setout in the hearing decision letter, whicheverdate is later.

(11) A properly received request for a hear-ing will automatically stay the order of sus-pension of the director until the effective dateof the director’s decision.

AUTHORITY: section 303.290, RSMo 1994.*Original rule filed Nov. 23, 1973, effectiveDec. 3, 1973. Amended: Filed Jan. 17, 1974,effective Jan. 27, 1974. Amended: Filed July3, 1981, effective Oct. 15, 1981. Amended:Filed May 31, 2000, effective Nov. 30, 2000.

*Original authority: 303.290, RSMo 1953, amended1957, 1986.

Op. Atty. Gen. No. 92, Reiss (12-9-76).Chapter 303, RSMo requires the director ofrevenue to suspend a person’s driver’s licenseand registration upon receipt of a certified

copy of a final judgment pursuant to sections303.090, 303.100 and 303.110, RSMo whenthe judgment is rendered against that personby a court of competent jurisdiction of anystate or of the United States as a result of aclaim for damages arising out of the owner-ship, maintenance or use of any motor vehi-cle. There is no statutory requirement that theinjury giving rise to the claim must eitheroccur in this state or on the public highwaysand streets of this state.

12 CSR 10-25.040 Posting Real EstateBonds as Security for an Accident

PURPOSE: This rule sets forth the require-ments to be met in order that real estatebonds may be posted with the director assecurity for an accident when security isrequired pursuant to section 303.050, RSMo.

(1) A real estate bond of the type mentionedin section 303.230, RSMo is acceptable as ameans of posting security required under sec-tions 303.030 and 303.050, RSMo.

(2) Before a real estate bond can be acceptedby the director as security to be posted pur-suant to section 303.030, RSMo the follow-ing requirements must be met:

(A) A DOR-1721A Form, Proof ofFinancial Responsibility Bond, publishedwith this rule, must be completed;

(B) A separate DOR-1585 Form,Justification of Securities, published with thisrule, must be executed by the principal andeach surety to the real estate bond until theequity in real estate owned by the principaland the sureties taken together equals at leasttwice the amount of the security required tobe posted by the director under sections303.030 and 303.050, RSMo;

(C) A legal description of all property list-ed in each DOR-1585 Form must be stated;

(D) The value of the interest of the princi-pal and each surety in property listed in theDOR-1585 Form must be stated;

(E) The nature of any and all encum-brances upon property listed in each DOR-1585 Form must be stated;

(F) The name of the legal titleholder of anyproperty listed in any DOR-1585 Form mustbe stated;

(G) All real estate bonds must be approvedby the judge of the circuit court of the coun-ty or city in which any real estate listed in theDOR-1585 Form is situated and must bearthe official seal of the circuit court; and

(H) All real estate bonds must be recordedwith the recorder of deeds in the countywhere the real estate is situated, as verified

by the recorder or an authorized representa-tive, prior to acceptance as security by thedirector.

(3) Any request to accept a real estate bondas security for an accident under the MotorVehicle Safety Responsibility Law can berejected by the director if, in his/her discre-tion, the bond is not adequate to provide thesecurity required by sections 303.030 and303.050, RSMo.

(4) Whenever any real estate bond posted assecurity for an accident under the MotorVehicle Safety Responsibility Law no longerfulfills the purpose for which it was posted inthe opinion of the director, the director mayrequire the filing of security in a differentform and shall suspend the license and regis-tration or the nonresident operating privilegepending the filing of other proof.

AUTHORITY: section 303.290, RSMo 1994.*This version of rule filed April 23, 1975,effective May 5, 1975. Amended: Filed Oct.22, 1997, effective April 30, 1998.

*Original authority 1953, amended 1957, 1986.

4 CODE OF STATE REGULATIONS (10/31/00) Rebecca McDowell CookSecretary of State

12 CSR 10-25—REVENUE Division 10—Director of Revenue

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CODE OF STATE REGULATIONS 5Rebecca McDowell Cook (10/31/00)Secretary of State

Chapter 25—Motor Vehicle Financial Responsibility 12 CSR 10-25

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6 CODE OF STATE REGULATIONS (10/31/00) Rebecca McDowell CookSecretary of State

12 CSR 10-25—REVENUE Division 10—Director of Revenue

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12 CSR 10-25.050 Filing a Report of anAccident With the Director of Revenue

PURPOSE: This rule sets forth the attachedform as the form to be utilized in filing acci-dent reports by persons required to makereports pursuant to section 303.040, RSMo.No form other than the one prescribed in thisrule will be permitted in the filing of an acci-dent report as required by section 303.040,RSMo.

AUTHORITY: section 303.290, RSMo 1994.*This version of rule filed Dec. 10, 1973,effective Dec. 20, 1973. Amended: FiledSept. 27, 1976, effective Jan. 13, 1977.Amended: Filed Nov. 21, 1991, effective April9, 1992. Amended: Filed Dec. 12, 1997,effective June 30, 1998.

*Original authority 1953, amended 1957, 1986.

CODE OF STATE REGULATIONS 7Rebecca McDowell Cook (10/31/00)Secretary of State

Chapter 25—Motor Vehicle Financial Responsibility 12 CSR 10-25

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8 CODE OF STATE REGULATIONS (10/31/00) Rebecca McDowell CookSecretary of State

12 CSR 10-25—REVENUE Division 10—Director of Revenue

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CODE OF STATE REGULATIONS 9Rebecca McDowell Cook (10/31/00)Secretary of State

Chapter 25—Motor Vehicle Financial Responsibility 12 CSR 10-25

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10 CODE OF STATE REGULATIONS (10/31/00) Rebecca McDowell CookSecretary of State

12 CSR 10-25—REVENUE Division 10—Director of Revenue

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CODE OF STATE REGULATIONS 11Rebecca McDowell Cook (10/31/00)Secretary of State

Chapter 25—Motor Vehicle Financial Responsibility 12 CSR 10-25

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12 CSR 10-25.060 Insurance IdentificationCards

PURPOSE: This rule establishes standardsfor insurance identification cards (Senate Bill424, 83rd General Assembly, Second RegularSession).

(1) On and after July 1, 1987, each insurer oragent of an insurer issuing motor vehicle lia-bility policies in Missouri shall provide aninsurance identification card to the namedinsured for each motor vehicle insured.

(2) The insurance identification card mustinclude all of the following information:

(A) Name and address of insurer;(B) Name of the named insured;(C) The policy number;(D) The beginning and ending effective

dates of the policy coverage, includingmonth, day and year;

(E) The year and make of the insuredmotor vehicle to include at least the last five(5) digits of the vehicle identification number(VIN); and

(F) If there are five (5) or more vehiclesunder common ownership, the word fleetmay be used in lieu of describing each vehi-cle by year, make and VIN.

(3) The following statement must be dis-played prominently on the front or back ofthe insurance identification card: THISCARD MUST BE CARRIED IN THEINSURED MOTOR VEHICLE FOR PRO-DUCTION UPON DEMAND.

(4) An insurance identification card, asdescribed in this rule, shall be issued witheach new policy (unless five (5) or more vehi-cles are covered as a fleet), or whenever thereis a change of vehicle.

(5) In the event of loss of an original insur-ance identification card, a replacement cardshall be issued at the request of the insured.

(6) To establish uniformity for insuranceidentification cards, the department recom-mends using number twenty (20#) whitepaper stock and card size of three inches bytwo and one-fourth inches to five and one-half inches by three and three-fourths inches(3" × 2 1/4"—5 1/2" × 3 3/4"). It shall notbe a violation of this provision if the insur-ance identification card does not meet theseexact specifications.

AUTHORITY: section 303.290, RSMo 1994.*Original rule filed May 7, 1987, effectiveAug. 27, 1987. Amended: Filed Nov. 26,

1991, effective April 9, 1992. Amended: FiledSept. 15, 1995, effective March 30, 1996.

*Original authority 1953, amended 1957, 1986.

12 CSR 10-25.070 Power of Attorney

PURPOSE: This rules establishes the proce-dures for filing proof of financial responsibil-ity by an insurance company not authorized totransact business in Missouri.

(1) Section 303.180, RSMo establishes thestatutory authority for proving financialresponsibility by an insurance company notlicensed to transact business in Missouri.

(2) The department shall accept a written cer-tificate of financial responsibility for a non-resident vehicle owner or operator if theinsurance carrier does the following:

(A) Executes a power of attorney asdescribed in the following form entitledPower of Attorney to Accept Service ofProcess;

(B) Executes and certifies a resolution ofthe insurance company as described in thefollowing form entitled Certified Copy ofResolution; and

(C) Submits a certificate which conformsto all requirements of Chapter 303, RSMo asprescribed by the department.

(3) An approved power of attorney and reso-lution authorizes the director to receive andaccept service of notice or process in anyaction arising out of a motor vehicle accidentin this state.

(4) An approved power of attorney and reso-lution shall be valid for a period of three (3)years from date of filing notwithstanding theprovisions of section 303.180, RSMo andshall be renewed at the request of the depart-ment.

(5) If any insurance company which is notauthorized to transact business in Missouri,but has complied with the requirements setout in subsections (2)(A)–(C) of this rule,defaults on the requirements contained insubsections (2)(A)–(C), the director shall nolonger accept from the company any certifi-cates of financial responsibility for as long asthe default continues. No certificates offinancial responsibility previously filed orsubsequently tendered shall be accepted foras long as the default continues.

AUTHORITY: section 303.290, RSMo 1986.*Original rule filed May 7, 1987, effective

Aug. 27, 1987. Amended: Filed Nov. 26,1991, effective April 9, 1992.

*Original authority 1953, amended 1957, 1986.

12 CODE OF STATE REGULATIONS (10/31/00) Rebecca McDowell CookSecretary of State

12 CSR 10-25—REVENUE Division 10—Director of Revenue

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CODE OF STATE REGULATIONS 13Rebecca McDowell Cook (10/31/00)Secretary of State

Chapter 25—Motor Vehicle Financial Responsibility 12 CSR 10-25

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12 CSR 10-25—REVENUE Division 10—Director of Revenue

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12 CSR 10-25.080 Failure to ProduceInsurance Identification Card—OtherTypes of Proof Acceptable

PURPOSE: This rule establishes types ofdocuments acceptable to prove financialresponsibility when demanded to exhibit by alaw enforcement official as provided in sec-tion 303.024, RSMo.

(1) The operator of an insured motor vehicleshall exhibit the insurance identification cardon the demand of any police officer, com-mercial vehicle enforcement officer or com-mercial vehicle inspector who lawfully stopsthe operator.

(2) If the operators do not exhibit insuranceidentification cards, they may produce one(1) or more of the following documents assatisfactory evidence of insurance in lieu ofan insurance identification card:

(A) A motor vehicle liability insurancepolicy;

(B) A motor vehicle liability insurancebinder;

(C) A receipt showing payment for motorvehicle liability insurance;

(D) A self-insured identification cardissued by the department;

(E) A card issued by the department whichindicates the motor vehicle owner or operatorhas filed proof of financial responsibility inaccordance with section 303.160, RSMo; and

(F) The vehicle operator is exempt fromthe provisions of this law in accordance with303.350, RSMo as it relates to governmentvehicles and common carriers and no cardwill be required.

AUTHORITY: section 303.290, RSMo 1994.*Original rule filed July 6, 1987, effectiveOct. 25, 1987. Amended: Filed Aug. 21,1998, effective Feb. 28, 1999.

*Original authority 1953, amended 1957, 1986.

12 CSR 10-25.090 Fees Assessed for Failureto Surrender Drivers License or Registra-tion Plates After Suspension(Rescinded July 30, 2000)

AUTHORITY: section 303.290, RSMo 1994.Original rule filed July 6, 1987, effectiveOct. 25, 1987. Amended: Filed Nov. 26,1991, effective April 9, 1992. Rescinded:Filed Jan. 5, 2000, effective July 30, 2000.

12 CSR 10-25.100 Distribution of Fees

PURPOSE: This rule establishes proceduresfor distribution of fees deposited with the

Drivers License Bureau in compliance withChapters 302 and 303, RSMo.

(1) When an individual has more than one (1)action of suspension or revocation requiringthe payment of various fees and the payeedoes not specify to which action the pay-ment(s) should be applied, the monies shallbe applied first to any security compliancedeposit required for a motor vehicle accident.If the payment received is not sufficient toapply in total to the security compliancedeposit required, payments shall be applied insuspension/revocation effective date order.

(2) Monies shall be deposited in stateaccounts according to the priority in whichthey are accepted.

(3) The suspended driver or owner, or both,shall be notified, in writing, of how themonies were distributed and of any balancedue to the Drivers License Bureau. If theindividual advises that s/he did not intend formonies to be distributed in the priorityaccounts established, the file shall be evaluat-ed to determine reassessment of money dis-tribution.

(4) Any excess of fees paid shall be distrib-uted in the following manner:

(A) If seven dollars and fifty cents ($7.50)or less, the monies shall be deposited intoappropriate accounts. If the individualrequests refund of overpayment, a refund ofseven dollars and fifty cents ($7.50) or lessshall be given; and

(B) If monies are in excess of seven dollarsand fifty cents ($7.50), a refund of overpay-ment shall be given to the individual auto-matically.

AUTHORITY: sections 302.304, RSMo Supp.1991 and 303.041 and 303.290, RSMo1986.* Original rule filed Aug. 8, 1989,effective Nov. 26, 1989. Amended: Filed Dec.11, 1991, effective April 9, 1992. Amended:Filed Aug. 12, 1992, effective Feb. 26, 1993.

*Original authority: 302.304, RSMo 1961, amended 1972,1973, 1979, 1983, 1984, 1989, 1991; 303.041, RSMo1986; and 303.290, RSMo 1953, amended 1957, 1986.

12 CSR 10-25.110 Application forCertificate of Self-Insurance

PURPOSE: This rule establishes prerequi-sites necessary to apply for a self-insurancecertificate pursuant to the provisions of sec-tion 303.220, RSMo (Senate Bill 424, 83rdGeneral Assembly, Second Regular Session).

(1) The application for self-insurance autho-rization shall include the following:

(A) A written request from the applicantand, if from a company or business, the writ-ten request must be on the company’s letter-head and signed by an officer;

(B) Financial statements, including balancesheets and income statements audited by anindependent certified public accountant con-taining opinions of the statements for the pre-ceding three (3) years; and

(C) A list of all vehicles registered in thename of the company or individual. This listmust contain at least twenty-six (26) vehiclesand each vehicle must be described by make,model, year of manufacture, vehicle identifi-cation number, title number and vehicle reg-istration number.

(2) The director shall determine, afterreviewing the application, if self-insuranceauthorization is granted or denied and thebasis for the decision and the director shalladvise the applicant of the decision in writ-ing.

(3) Self-insurance authorization shall be validfor one (1) year from the date approved by thedirector unless otherwise terminated.

(4) Renewal of self-insurance authorizationmay be granted if the holder provides thefinancial statements described in subsection(1)(B) for the year preceding the date ofapplication and a list of vehicles as describedin subsection (1)(C).

(5) The director shall issue a Certificate ofSelf-Insurance to an applicant qualifying forself-insurance authorization.

(6) The director shall issue a sufficient num-ber of identification cards for the self-insuredvehicles as provided in section 303.220,RSMo.

(7) The director, upon reasonable groundsand after giving ten (10) days’ notice, shallcancel a Certificate of Self-Insurance.Reasonable grounds may include, but not belimited to, failure of the self-insured to settlea court judgment or notice of bankruptcy pro-ceedings by the self-insured. The directorshall notify the self-insured in writing ofhis/her decision and provide the self-insuredan opportunity to have an administrativehearing. The administrative hearing shall beconducted in accordance with section303.290, RSMo.

AUTHORITY: section 303.290, RSMo 1986.*Original rule filed Sept. 8, 1989, effective

CODE OF STATE REGULATIONS 15Rebecca McDowell Cook (10/31/00)Secretary of State

Chapter 25—Motor Vehicle Financial Responsibility 12 CSR 10-25

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Jan. 26, 1990. Amended: Filed Nov. 26,1991, effective April 9, 1992.

*Original authority 1953, amended 1957, 1986.

12 CSR 10-25.120 Application forCertificate of Self-Insurance from Religi-ous Denominations

PURPOSE: This rule establishes the prereq-uisites necessary to apply for a self-insurancecertificate pursuant to the provisions of sec-tion 303.220, RSMo (Senate Bill 424, 83rdGeneral Assembly, Second Regular Session).

(1) The application for self-insurance autho-rization shall include the following:

(A) The request for self-insurance on theletterhead of the religious denominationsigned by the head of the denomination;

(B) A list of all members in the churchorganization who own motor vehicles. Theremust be at least twenty-six (26) members inthe church who own motor vehicles. The listmust include the following:

1. The name of the church member asshown on the motor vehicle application;

2. The church member’s most currentaddress; and

3. A description of each motor vehicleowned by the church member which is regis-tered in Missouri. The description mustinclude the vehicle year, make, model, vehi-cle identification number and current regis-tration plate number;

(C) A notarized affidavit from the churchorganization specifying that it prohibits itsmembers from purchasing insurance, of anyform, as being contrary to its religious tenets;

(D) A written explanation of how thechurch organization intends to settle dam-ages/personal injuries caused in a motor vehi-cle accident by a member of the church;

(E) Examples (statements) of how thechurch organization has settled or paid formotor vehicle accident claims in the past; and

(F) A copy of a membership charter show-ing affiliation with a larger church organiza-tion is required when the church has fewerthan twenty-six (26) members owning motorvehicles in Missouri.

(2) The director shall determine after review-ing the application, if self-insurance autho-rization is granted or denied and the basis forthe decision and the director shall advise therequestor of the decision in writing.

(3) Self-insurance authorization shall be validfor one (1) year from the date approved by thedirector unless otherwise terminated.

(4) Renewal of self-insurance authorizationmay be granted if the religious denominationmaintains membership of at least twenty-six(26) church members owning motor vehicles.A list of members and vehicles as describedin subsection (1)(B) shall be provided annual-ly.

(5) The director shall issue a Certificate ofSelf-Insurance to a religious denominationqualifying for self-insurance authorization.

(6) The director shall issue a sufficient num-ber of identification cards for the self-insur-ance religious denomination vehicles as pro-vided in section 303.220, RSMo.

(7) The director, upon reasonable groundsand after giving ten (10) days’ notice, shallcancel a Certificate of Self-Insurance.Reasonable grounds may include, but not belimited to, failure of the self-insured to settlea court judgment or notice of bankruptcy pro-ceedings by the self-insured. The directorshall notify the self-insured in writing ofhis/her decision and provide the self-insuredan opportunity to have an administrativehearing. The administrative hearing shall beconducted in accordance with section303.290, RSMo.

AUTHORITY: section 303.290, RSMo 1986.*Original rule filed Sept. 8, 1989, effectiveJan. 26, 1990. Amended: Filed Nov. 26,1991, effective April 9, 1992.

*Original authority 1953, amended 1957, 1986.

16 CODE OF STATE REGULATIONS (10/31/00) Rebecca McDowell CookSecretary of State

12 CSR 10-25—REVENUE Division 10—Director of Revenue