Commission Voting and Meeting Procedures

PURPOSE: This rule establishes voting and meeting procedures that must be followed by commission members when considering air pollution control rules, variances, appeals or orders, determinations and placing items before the commission by the public. (1) Prior to discussion and/or vote on any rule, variance, appeal or order, all members of the Missouri Air Conservation Commission shall disclose when they— (A) May have a conflict of interest as defined under sections 105.450–105.482, RSMo; (B) Hold an official or contractual relationship with the person seeking a variance or appeal or the person subject to an order at issue under the Missouri Air Conservation Law, Chapter 643, RSMo; or (C) Under license or permit, render directly or through business or supervisory relationship, service similar to the person seeking a variance or appeal or the person who is subject to an order at issue under the Missouri Air Conservation Law. (2) The member shall be excluded from voting on the matter at issue unless such member fully advises the commission of the interest and receives a determination from the commission that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the state expects from commission members. Fully advises means explains in detail in a signed, written statement available for public inspection. (3) When one (1) or more exclusions from voting or other abstentions by vote or by absence results in the lack of a quorum, the commission will delay its final decision until a simple majority of commissioners who are eligible to vote are present. (4) If a quorum is not present at public hearings for rulemaking and it is necessary to delay the public hearing due to the lack of a quorum, the department shall— (A) Issue a news release announcing the new time, date and location of the public hearing; and (B) Include in that news release the new submittal date for written public comments. (5) Voting procedures governing hearings and other administrative actions are in section 643.070, Chapter 536 and sections 610.010– 610.028, RSMo. (6) The following shall apply in regard to commission meetings: (A) The commission holds at least nine (9) regular meetings each year and additional meetings as the chairperson deems necessary or desirable at a place and time which is fixed by the chairperson. (B) Special meetings may be called by three (3) members of the commission upon delivery of written notice to each member of the commission. (C) The public may request that an item be brought before the commission by submitting a written request to the attention of the Staff Director of the Air Pollution Control Program at the following address: Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176. Such requests should be received no less than fourteen (14) days before the commission meeting and may be considered as “other business,” or placed on the agenda as a separate item. At the discretion of the commission chairperson items may be added to the agenda less than fourteen (14) days prior to the commission meeting but in no case less than twenty-four (24) hours prior to the commission meeting. AUTHORITY: section 643.050, RSMo Supp. 1997. Original rule filed Nov. 7, 1997, effective July 30, 1998. *Original authority 1965, amended 1972, 1992, 1993, 1995.