§ 444.768 — Fee, bond, or assessment structure, comprehensive review — proposal to be submitted, approval by commission — rulemaking requirements — late fee, when — court action, when.

Missouri § 444.768

• Jurisdiction: Missouri
• Title XXIX: OWNERSHIP AND CONVEYANCE OF PROPERTY
• Ch. 444: Rights and Duties of Miners and Mine Owners

Text

* 1.  Notwithstanding any statutory fee amounts or maximums to the contrary, the director of the department of natural resources may conduct a comprehensive review and propose changes to the fee, bond, or assessment structure as set forth in this chapter.  The comprehensive review shall include stakeholder meetings in order to solicit stakeholder input from regulated entities and any other interested parties.  Upon completion of the comprehensive review, the department shall submit a proposed fee, bond, or assessment structure with stakeholder agreement to the Missouri mining commission.  The commission shall review such recommendations at a forthcoming regular or special meeting, but shall not vote on the proposed structure until a subsequent meeting.  If the commission approves, by vote of two-thirds majority, the fee, bond, or assessment structure recommendations, the commission shall authorize the department to file a notice of proposed rulemaking containing the recommended structure, and after considering public comments may authorize the department to file the final order of rulemaking for such rule with the joint committee on administrative rules pursuant to sections 536.021 and 536.024 no later than December first of the same year.  If such rules are not disapproved by the general assembly in the manner set out below, they shall take effect on January first of the following calendar year, at which point the existing fee, bond, or assessment structure shall expire upon the effective date of the commission-adopted fee structure, contrary to subsection 12 of section 444.772 .  Any regulation promulgated under this subsection shall be deemed to be beyond the scope and authority provided in this subsection, or detrimental to permit applicants, if the general assembly within the first sixty days of the regular session immediately following the filing of such regulation disapproves the regulation by concurrent resolution.  If the general assembly so disapproves any regulation filed under this subsection, the department and the commission shall not implement the proposed fee, bond, or assessment structure and shall continue to use the previous fee, bond, or assessment structure.  The authority for the commission to further revise the fee, bond, or assessment structure as provided in this subsection shall expire on August 28, 2030.  If the commission's authority to revise the fee structure as provided by this subsection expires, the fee structure in place at the time of expiration shall remain in place.

2.  Failure to pay any fee, bond, or assessment, or any portion thereof, referenced in this section by the due date may result in the imposition of a late fee equal to fifteen percent of the unpaid amount, plus ten percent interest per annum.  Any order issued by the department under this chapter may require payment of such amounts.  The department may bring an action in the appropriate circuit court to collect any unpaid fee, late fee, interest, or attorney's fees and costs incurred directly in fee collection.  Such action may be brought in the circuit court of the county in which the facility is located, or in the circuit court of Cole County.

Legislative History

(L. 2014 S.B. 642, A.L. 2018 S.B. 782, A.L. 2023 S.B. 109) *Authority to revise fee, bond, or assessment structure expires 8-28-30.