Renewal or Revocation of a Certificate of Authority

PURPOSE: Renewal of a certificate of authority is required annually and revocation may occur under certain conditions. (1) Workshops which are current grantees of a certificate of authority shall apply to the Department of Elementary and Secondary Education (department) each year to seek renewal of the certificate. Renewal of the certificate of authority is based on the submission of an annual report by the board of directors of the workshop corporation four (4) months after the end of the workshop’s fiscal year. Failure to provide the necessary information by the due date may result in the suspension of state aid payments. The annual report should include, but not be limited to, the following items: (A) The proposed budget for the current fiscal year; (B) An audit prepared by an independent certified public accountant for the fiscal year just ended; (C) A listing of the board’s membership, including the name, address, office held and expiration date of each member’s term; (D) An original copy of a signature sheet showing the official signatures of the officers of the corporation; (E) A list of all management and supervisory staff, indicating the position, normal work location and length of service with the workshop corporation; and (F) An original copy of the assurance of compliance form signed by the president and secretary of the workshop corporation board. (2) If the department determines the workshop board of directors is not in substantial compliance with these regulations, and depending on the nature and severity of the situation, the department may— (A) Notify the workshop board of directors and manager that the workshop is not in substantial compliance with these regulations; and (B) Require a corrective action plan within ten (10) business days; or (C) Issue a temporary certificate of authority; or (D) Suspend state aid payments until it is determined that the workshop is again in substantial compliance with these regulations; or (E) If the workshop does not return to substantial compliance within ninety (90) days the state may proceed to revoke the workshop’s certificate of authority pursuant to section 178.920(4), RSMo. (3) Applicants which have been found by the department not to be in substantial compliance with federal or state laws or regulations may appeal the decision pursuant to Chapter 536, RSMo. AUTHORITY: section 178.920, RSMo 2000.* This rule previously filed as 5 CSR 70-770.030. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Nov. 23, 1998, effective July 30, 1999. Moved to 5 CSR 20-300.180, effective Aug. 16, 2011. Amended: Filed Aug. 27, 2013, effective March 30, 2014. *Original authority: 178.920, RSMo 1965.