PURPOSE: This rule provides criteria for eligible adopters and application acceptance.

1. (1) The adopter or adopter representative of a group who desires to participate in the program shall submit an application to the commission on a form provided by the commission.

   1. (A) An application completed by an individual on behalf of a group or organization must identify the group or organization for which the application is being submitted and failure to identify the group or organization on the application will result in rejecting the application.
   2. (B) The adopter representative will certify on the application form that the group or organization does not deny membership on the basis of race, color, or national origin.

2. (2) Eligible Adopters. Eligible adopters include civic and nonprofit organizations, commercial and private enterprises and individuals:

   1. (A) Who have not been convicted of, or pled guilty or no contest to, a violent criminal activity, except as provided below;
   2. (B) Whose participants have not been convicted of, or pled guilty or no contest to, a violent criminal activity, except as provided below;
   3. (C) For whom state or federal courts have not taken judicial notice of a history of violence; or
   4. (D) Who do not deny membership on the basis of race, color, or national origin. Any individual adopter or participant may be eligible ten (10) years after the completion of any incarceration, probation or parole. Applicants who do not meet the eligibility requirements will be denied participation in the program. The commission reserves the right to limit the number of adoptions for a single group.
3. (3) Acceptance of Application. The state maintenance engineer and district engineer have the authority to approve applications of individuals or groups applying to participate in the program.

4. (4) Denial of Application. The director, chief engineer, chief operating officer, and state maintenance engineer are authorized to deny requests for participation in the program.

   1. (A) A request for participation in the program may be denied if the applicant does not meet the eligibility requirements or has submitted false statement(s) of a material fact or has practiced or attempted to practice any fraud or deception in an application. Material facts include statements regarding convictions of violent criminal activity or membership qualifications.

AUTHORITY: sections 226.130 and 227.030, RSMo 2000.* Original rule filed Feb. 15, 1995, effective July 30, 1995. Emergency amendment filed Feb. 8, 2000, effective Feb. 18, 2000, expired Aug. 15, 2000. Amended: Filed July 10, 2000, effective Jan. 30, 2001. Amended: Filed Jan. 7, 2002, effective Aug. 30, 2002.

*Original authority: 226.130, RSMo 1939, amended 1993, 1995 and 227.030, RSMo 1939.