Missouri § 166.710 - Annual audits of accounts — disqualification from program, when — referral for misuse of money — rulemaking authority.

§ 166.710. Annual audits of accounts — disqualification from program, when — referral for misuse of money — rulemaking authority.

1.  Beginning in the 2023-24 school year and continuing thereafter, the state treasurer shall conduct or contract for annual audits, and may conduct or contract for random and quarterly audits as needed, of Missouri empowerment scholarship accounts to ensure compliance with the requirements of subsection 1 of section 166.705.

2.  A parent, qualified student, or vendor may be disqualified from program participation if the state treasurer, or the state treasurer's designee, finds the party has committed an intentional program violation consisting of any misrepresentation or other act that materially violates any law or rule governing the program.  The state treasurer may remove any parent or qualified student from eligibility for a Missouri empowerment scholarship account.  A parent may appeal the state treasurer's decision to the administrative hearing commission.  A parent may appeal the administrative hearing commission's decision to the circuit court of the county in which the student resides.

3.  The state treasurer may refer cases of substantial misuse of moneys to the attorney general for investigation if the state treasurer obtains evidence of fraudulent use of an account.

4.  The state treasurer shall promulgate rules containing the following to implement and administer the program:

(1)  Procedures for conducting examinations of use of account funds;

(2)  Procedures for conducting random, quarterly, and annual reviews of accounts;

(3)  Creation of an online anonymous fraud reporting service;

(4)  Creation of an anonymous telephone hotline for fraud reporting; and

(5)  A surety bond requirement for educational assistance organizations.

5.  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, 2021, shall be invalid and void.

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(L. 2021 H.B. 349)

---- end of effective  28 Aug 2021 ----

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