324.1134. Licensure sanctions permitted, procedure--complaint may be filed with administrative hearing commission--disciplinary action authorized, when.
Licensure sanctions permitted, procedure--complaint may be filed withadministrative hearing commission--disciplinary actionauthorized, when.
324.1134. 1. The board may suspend or refuse to renew anycertificate of registration or authority, permit or license required undersections 324.1100 to 324.1148 for one or any combination of causes statedin subsection 2 of this section. The board shall notify the applicant inwriting of the reasons for the suspension or refusal and shall advise theapplicant of the applicant's right to file a complaint with theadministrative hearing commission as provided by chapter 621, RSMo. As analternative to a refusal to issue or renew any certificate, registration orauthority, the board may, at its discretion, issue a license which issubject to probation, restriction or limitation to an applicant forlicensure for any one or any combination of causes stated in subsection 2of this section. The board's order of probation, limitation or restrictionshall contain a statement of the discipline imposed, the basis therefor,the date such action shall become effective, and a statement that theapplicant has thirty days to request in writing a hearing before theadministrative hearing commission. If the board issues a probationary,limited or restricted license to an applicant for licensure, either partymay file a written petition with the administrative hearing commissionwithin thirty days of the effective date of the probationary, limited orrestricted license seeking review of the board's determination. If nowritten request for a hearing is received by the administrative hearingcommission within the thirty-day period, the right to seek review of theboard's decision shall be considered as waived.
2. The board may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any certificate of registration or authority, permit orlicense required by this chapter or any person who has failed to renew orhas surrendered the person's certificate of registration or authority,permit or license for any one or any combination of the following causes:
(1) Making any false statement or giving any false information orgiven any false information in connection with an application for a licenseor a renewal or reinstatement thereof;
(2) Violating any provision of sections 324.1100 to 324.1148;
(3) Violating any rule of the board of private investigator examinersadopted under the authority contained in sections 324.1100 to 324.1148;
(4) Impersonating, or permitting or aiding and abetting an employeeto impersonate, a law enforcement officer or employee of the United Statesof America, or of any state or political subdivision thereof;
(5) Committing, or permitting any employee to commit any act, whilethe license was expired, which would be cause for the suspension orrevocation of a license, or grounds for the denial of an application for alicense;
(6) Knowingly violating, or advising, encouraging, or assisting theviolation of, any court order or injunction in the course of business as alicensee;
(7) Using any letterhead, advertisement, or other printed matter, orin any manner whatever represented that such person is an instrumentalityof the federal government, a state, or any political subdivision thereof;
(8) Using a name different from that under which such person iscurrently licensed in any advertisement, solicitation, or contract forbusiness; or
(9) Committing any act which is grounds for denial of an applicationfor a license under section 324.1112.
3. The record of conviction, or a certified copy thereof, shall beconclusive evidence of such conviction, and a plea or verdict of guilty isdeemed to be a conviction within the meaning thereof.
4. The agency may continue under the direction of another employee ifthe licensee's license is suspended or revoked by the board. The boardshall establish a time frame in which the agency shall identify anacceptable person who is qualified to assume control of the agency, asrequired by the board.
5. After the filing of a complaint before the administrative hearingcommission, the proceedings shall be conducted in accordance with theprovisions of chapter 621, RSMo. Upon a finding by the administrativehearing commission that the grounds in subsection 1 of this section fordisciplinary action are met, the board may singly or in combination censureor place the person named in the complaint on probation under such termsand conditions as the board deems appropriate for a period not to exceedfive years, may suspend for a period not to exceed three years, or revokethe license.
(L. 2007 H.B. 780 merged with S.B. 308)