Effective 28 Aug 2012
387.139. Movement of household goods in intrastate commerce, complaints — information file to be kept, contents, form — rulemaking authority. — 1. The division of motor carrier services shall keep an information file about each complaint filed with it regarding the movement of household goods in intrastate commerce. The division of motor carrier services' information file shall be kept current and contain a record for each complaint of:
(1) All persons contacted in relation to the complaint;
(2) A summary of findings in response to the complaint;
(3) An explanation of the reason for a complaint that is dismissed; and
(4) Any other relevant information.
2. If a written complaint is filed with the division that is within the division's jurisdiction, the division, at least as frequently as quarterly and until final disposition of the complaint, shall notify the complainant of the status of the complaint unless the notice would jeopardize an ongoing investigation.
3. The state highways and transportation commission shall adopt by rule a form to standardize information concerning complaints made to the division of motor carrier services* regarding the transportation of household goods. The commission shall prescribe by rule information to be provided to a person when the person files a complaint with the division of motor carrier services.
4. The state highways and transportation commission shall promulgate rules and regulations for the implementation and administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.
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(L. 2012 H.B. 1402 merged with S.B. 470)
*Words "motor carriers" appear in original rolls of S.B. 470, 2012.
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