PURPOSE: This rule provides information concerning obtaining, maintaining, and cost for signing. 7 CSR 10-17

1. (1) This rule outlines the eligibility requirements to participate in the various signing programs. The construction, installation, and maintenance of the signs shall be in accordance with the “Supplemental Signing Program Rules” located in the department’s Engineering Policy Guide.
2. (2) Signs covered in this rule only apply to commission roadways unless otherwise specified in this rule.
3. (3) Requests for participation in the Logo, Tourist Oriented Directional Signing (TODS), or Traffic Generator Programs must be submitted to the program manager by the owner or authorized representative of a qualified entity.
4. (4) Before any qualified entity is permitted to participate in the Logo, TODS, or Traffic Generator Pro grams, any existing illegal advertising devices pertaining to that qualified entity shall be removed.
5. (5) No qualified entity may discriminate or be discriminated against with regard to race, color, religion, sex, age, handicap, or nation - al origin. Each qualified entity identified by a Logo, TODS, or Traffic Generator sign shall have furnished written and notarized certification to the program manag er of its conformity with all applicable feder al, state, and local laws, ordinances, rules and regulations, and shall not be in breach of that certification.
6. (6) A qualified entity shall enter into a participation agreement with the program manager.

7. (7) Signs may be removed after notification by certified mail a minimum of thirty (30) days in advance of permanent removal of a qualified entity’s sign, for any of the following and no fees shall be refunded:

   1. (A) Failure to pay fee;
   2. (B) Failure to meet the minimum require - ments set forth by these rules for each program type;
   3. (C) Delinquency as to any of the previous - ly mentioned violations; and
   4. (D) A sign removed for any of the reasons in subsections (7)(A)–(7)(C) shall be charged a department approved fee for re-instal lation.
8. (8) If a business is closed due to fire, acci - dent, remodeling, or other emergency for more than seven (7) days, but not more than ninety (90) days, the sign shall be covered to prevent inconveniencing the travel ing public. The sign owner shall not lose its pri ority or be required to reapply prior to the normal expiration of its contract. Extensions of time beyond ninety (90) days may be grant ed; however, an owner who, due to his/her own negligence, fails to open within the nine ty- (90-) day period, may lose his/her priority to occupy the space on the right-of-way. The participation agreement will not be extended due to fire, accident, remodeling, or other emergency.
9. (9) The fee to be paid shall be equal to the fees established by the department. A participation agreement with the qualified entity shall be executed for a term specified in each program. If an applicant chooses to not pay the fees agreed upon in the participation agreement, all signs will be removed from the commission right-of-way.

10. (10) At the end of their business season, a qualified entity not open year-round shall have their sign taken out of service with a “Closed” panel placed on their traffic generator sign(s), place a “Closed” panel and cover with a blue panel, or the program manager shall have the authority to remove their TODS or Logo sign.

    1. (A) A qualified entity which has not received a sign(s) due to insufficient space shall not utilize the space made available by a qualified entity’s sign which has been removed during the off-season.
    2. (B) A fee, approved by the commission, shall be assessed to take a sign in and out of service.
11. (11) No reimbursement shall be allowed to any participating qualified entity due to road closures or detours established for any reason.
12. (12) The commission reserves the right to approve all sign installation locations, modify said sign(s) when necessary to comply with changed standards that might be promulgated or adopted, and/or permanently remove the sign(s) at any time, in its sole discretion, for any reason whatsoever, including for the convenience of the commission or if the commission determines removal is required for a highway or transportation project. In the event the commission removes the sign pursuant to the terms of this rule, the commission will not refund any portion of the original payment from the qualified entity.

AUTHORITY: Art. IV, section 29, Mo. Const., section 226.535, RSMo 2000* and 23 United States Code Section 131(f). Material in this rule originally filed as 7 CSR 10-9, 7 CSR 10-17, and 7 CSR 10-22. Original rule filed Nov. 14, 2014, effective June 30, 2015.

*Original authority: 226.535, RSMo 1972.