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Missouri Department of Transportation

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MoDOT Proposed Rules

This page contains the text of a proposed rule adopted by the Missouri Highways and Transportation Commission, a summary of the proposed rule, and the official copy of the proposed rule published in the Missouri Register, along with any materials incorporated by reference.

Proposed Rule Summary Fiscal Note(s) Supporting Documents Link to Missouri Register Reference Materials Date Posted

7 CSR 10-8.005 Scope of Rules

This rule incorporates by reference into all of the Commission’s DBE rules the November 3, 2014 federal DBE program regulations in Title 49, CFR, Parts 26.1 through 26.109.  It also outlines the types of Commission projects (i.e., highways, transit, airport) for which the DBE rules will apply and says failure to carry out the DBE requirements is a breach of the contract.  It also incorporates other necessary guidelines and standards in the Commission’s DBE program, including the U.S. Department of Transportation’s Questions and Answer on the DBE Program and MoDOT’s Mentor/Protégé Program.

N/A Proposal Link

49 CFR Part 26

Questions & Answers

Mentor Protégé Program

2/16/18

7 CSR 10-8.011 Definitions

This rule incorporates by reference into all of the Commission’s DBE rules the federal DBE program definitions in Title 49, CFR, Parts 26.5, except for the words and phrases set forth in this rule.

N/A Proposal Link   2/16/18

7 CSR 10-8.011 Definitions

This rule is being rescinded and it provided definitions for terms applicable to the Commission’s DBE program that were used throughout the DBE rules.  This rule is rescinded because the Department proposes adoption of the new proposed rule 7 CSR 10-8.011 that would properly incorporate by reference the definitions of terms in Title 49, CFR, Part 26, which would harmonize state DBE terms with the federal DBE terms.

N/A Proposal Link   2/16/18

7 CSR 10-8.021 General Information

This rule is being rescinded and it provided general information on the Department’s implementation of the DBE requirements in Title 49, CFR, Part 26.

N/A Proposal Link   2/16/18

7 CSR 10-8.031 Who is Governed and Bound by the USDOT and MoDOT DBE Program Regulations

This rule is being rescinded and it provided descriptions of the person, entities and firms governed under the Department’s DBE rules. 

N/A Proposal Link   2/16/18

7 CSR 10-8.041 Effective Date of the DBE Program Under 49 CFR Part 26

This rule is being rescinded and it provided descriptions of when the Department’s DBE program became effective in Missouri.

N/A Proposal Link   2/16/18

7 CSR 10-8.051 Procedures and Policies for Initially Certifying and Recertifying Disadvantaged Business Enterprise Firms

This rule is being rescinded and it provided the process the Department uses to certify a firm as a DBE. 

N/A Proposal Link   2/16/18

7 CSR 10-8.061 Missouri Unified Certification Program

This rule describes the Unified Certification Program, a certification process for all DBEs to participate in federally funded Commission projects. The rule also recognizes five agencies to comprise the Missouri Regional Certification Committee (MRCC): the Department; the cities of St. Louis and Kansas City; the Bi-State Development Agency (St. Louis); and the Kansas City Area Transportation Authority and says that a DBE certified by one of these agencies is honored by the remaining agencies. It also provides for a process to remove a DBE’s eligibility through the MRCC, including a hearing process.

N/A Proposal Link

MRCC Policies and Procedures 

2/16/18

7 CSR 10-8.061 Missouri Unified Certification Program

This rule is being rescinded and it provided for the creation of the Missouri Unified Certification Program for federal DBE certification.  This rule is rescinded as it will be replaced with the new proposed rule 7 CSR 10-8.061 that would properly incorporate by reference the federal regulations in Title 49, CFR, Part 26, which intends to harmonize the state rule with federal regulations.

N/A Proposal Link   2/16/18

7 CSR 10-8.071 DBE Program Reporting and Disclosure Requirements for Currently Certified DBE Firms

This rule is being rescinded and it provided for the affidavits and documents that certified DBE firms must file with the Department to remain certified and other legal impacts for a DBE firm that fails to timely file documents.

N/A Proposal Link   2/16/18

7 CSR 10-8.081 Ineligibility Complaints

This rule is being rescinded and it provided the procedures for, and confidentiality governing, the filing of a DBE firm ineligibility complaint.

N/A Proposal Link   2/16/18

7 CSR 10-8.091 MoDOT Procedures and Hearings to Remove a DBE Firm’s Eligibility

This rule is being rescinded and it provided the grounds when the Department may start proceedings to remove a firm’s DBE certification, including the hearing process.

N/A Proposal Link   2/16/18

7 CSR 10-8.101 The Cost of a DBE Certification Appeal

This rule is being rescinded and it provided the legal impact of a USDOT DBE certification appeal upon the Department and other parties involved.

N/A Proposal Link   2/16/18

7 CSR 10-8.111 Prompt Payment, Record Keeping and Audit Requirements

This rule is being rescinded and it provided for the prompt payment of contractors, subcontractors, and suppliers, as well as record keeping and audit requirements under the DBE program.

N/A Proposal Link   2/16/18

7 CSR 10-8.121 MoDOT DBE Program Goals, Contract Goals

This rule describes the DBE goal-setting process used by the Department.  The process includes consultation with minority, female, community groups, and general contractor groups.  The Department will publish the proposed overall goal in general circulation, minority and female focused publications, trade association publications, and the MoDOT website.  The rule also creates a Small Business Enterprise program for the DBE program.  The rule also creates contract DBE goals in order to reach the overall DBE program goals and describes how contract DBE goals are set.

N/A Proposal Link

SBE Declaration of Certification

2/16/18

7 CSR 10-8.121 MoDOT DBE Program Annual Goals and Contract Goals

This rule is being rescinded and it provided how the Department will set its annual DBE program goal and individual DBE contract goals. This rule is rescinded to be replaced with the new proposed rule 7 CSR 10-8.121 to properly incorporate by reference the regulations in Title 49, CFR, Part 26, to harmonize the state rule with federal regulations.

N/A Proposal Link   2/16/18

7 CSR 10-8.131 DBE Participation Credit Toward Project and Good Faith Efforts

This rule is being rescinded and it provided how DBE firm participation credit will be awarded by the Department.

N/A Proposal Link   2/16/18

7 CSR 10-8.141 USDOT-Assisted DBE Contract Awards and Project Awards

This rule is being rescinded and it provided for the Department’s requirements and processes to determine if a bidder has made a good faith effort to achieve a DBE contract goal.

N/A Proposal Link   2/16/18

7 CSR 10-8.151 Performance of a Commercially Useful Function by a DBE Firm

This rule is being rescinded and it provided when a DBE firm performs a commercially useful function and how the Department will enforce that requirement.

N/A Proposal Link   2/16/18

7 CSR 10-8.161 Confidentially of the DBE Program Financial and Other Information

This rule is being rescinded and it provided for the confidentiality of financial and other information submitted by a DBE to the Department.

N/A Proposal Link   2/16/18

 

Previous Rules for Public Comment

 

The documents are provided in Acrobat Reader format. Free Acrobat Reader download  PDF Icon

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