Mo. Code Regs. tit. 12 § 10-25.120
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 12 CSR 10-25.120 - Application for Certificate of Self-Insurance from Religious DenominationsPURPOSE: This rule establishes how certain religious denominations may apply for a self-insurance certificate pursuant to the provisions of section 303.220, RSMo.
(1) Applicants for self-insurance authorization will complete an application in a form prescribed by the director of revenue which will include the following: (A) A notarized affidavit, as prescribed by the director of revenue, on which the affiant swears or affirms to the following:1. That the religious denomination and all its members are discouraged from purchasing insurance, of any form, as being contrary to the religious denomination's tenets; and2. That there are at least twenty-six (26) members in the religious denomination who own motor vehicles;(B) A list, which is attached to the affidavit required by subsection (1)(A), of all members in the religious denomination who own motor vehicles. There must be at least twenty-six (26) members in the religious denomination who own motor vehicles. The list must include the following information:1. The full name of the member as shown on the motor vehicle application for registration;2. The member's current address; and3. A description of each motor vehicle owned by the member which is registered in Missouri. The description of each motor vehicle must include the vehicle year, make, model, vehicle identification number (VIN), and current registration plate number;(C) A written explanation of how the religious denomination intends to settle damages or personal injuries caused in a motor vehicle accident by a member, and documentation of all vehicle claims made against the religious denomination in the past twelve (12) months, and those claims' resolutions, or an attestation that no such claims have been made in the past twelve (12) months;(D) A statement indicating any limits of liability of coverage by members of the religious denomination, but in no case may the self-insurance provided by the religious denomination be less than the minimum financial responsibility requirements established in Chapter 303, RSMo; and(E) If applicable, a copy of a membership charter showing affiliation with a larger religious denomination is required when the applicant has fewer than twenty-six (26) members owning motor vehicles in Missouri.(2) The director shall determine after reviewing the application, if self-insurance authorization is granted or denied and the basis for the decision and the director shall advise the requestor of the decision in writing.(3) Self-insurance authorization shall be valid for one (1) year from the date approved by the director unless otherwise terminated.(4) Renewal of self-insurance authorization may be granted if the religious denomination maintains membership of at least twenty-six (26) members owning motor vehicles. Any addition or removal of members or vehicles as described in, and required by, subsection (1)(B) shall be provided to the director prior to the member or vehicle being self-insured.(A) The affidavit prescribed by the director in subsection (1)(A) must be completed by all religious denominations every three (3) years.(B) A list of members and vehicles as described in subsection (1)(B) shall be provided to the director annually.(5) The director will issue a Certificate of Self-Insurance to a religious denomination qualifying for self-insurance authorization.(6) The director will issue a Certificate of Self-Insurance for the organization to print and distribute for vehicles identified by the religious denomination.(7) The director may request documentary proof from an applicant for self-insurance authorization or a religious denomination issued a Certificate of Self-Insurance to demonstrate that the religious denomination has unencumbered assets equal to at least the minimum financial responsibility requirements established in Chapter 303, RSMo. The religious denomination will have thirty (30) days from the date the request is made to provide the proof required by this section. Failure to timely respond or to provide adequate proof may be considered reasonable grounds to cancel a Certificate of Self-Insurance in accordance with section (8).(8) The director, upon reasonable grounds and after giving ten (10) days notice, shall cancel a Certificate of Self-Insurance. Reasonable grounds may include, but not be limited to, failure of the self-insured to settle a claim or satisfy a court judgment, receipt of notice of bankruptcy proceedings by the self-insured, failure to provide documentary proof as required by section (7), or evidence establishing the falsity of any information on which the department relies in issuing a Certificate of Self-Insurance. The director shall notify the religious denomination in writing of their decision and provide the religious denomination an opportunity for a contested administrative hearing. The administrative hearing shall be conducted in accordance with section 303.290, RSMo, and Chapter 536, RSMo. AUTHORITY: section 303.290, RSMo 1986.* Original rule filed Sept. 8, 1989, effective Jan. 26, 1990. Amended: Filed Nov. 26, 1991, effective April 9, 1992. Amended by Missouri Register February 15, 2022/Volume 47, Number 4, effective 3/31/2022*Original authority: 303.290, RSMo 1953, amended 1957, 1986.