327.451. Charges of improper conduct, how filed, contents--administrative hearing commission to hear.
Charges of improper conduct, how filed, contents--administrativehearing commission to hear.
327.451. 1. Any person who believes that an architect or aprofessional engineer or a professional land surveyor has acted or failedto act so that his or her license or certificate of authority should,pursuant to the provisions of this chapter, be suspended or revoked, or whobelieves that any applicant for a license or certificate of authoritypursuant to the provisions of this chapter is not entitled to a license ora certificate of authority, may file a written affidavit with the executivedirector of the board which the affiant shall sign and swear to and inwhich the affiant shall clearly set forth the reasons for the affiant'scharge or charges that the license or certificate of an architect orprofessional engineer or professional land surveyor should be suspended orrevoked or not renewed or that a license or certificate should not beissued to an applicant.
2. If the affidavit so filed does not contain statements of factwhich if true would authorize, pursuant to the provisions of this chapter,suspension or revocation of the accused's license or certificate, or doesnot contain statements of fact which if true would authorize, pursuant tothe provisions of this chapter, the refusal of the renewal of an existinglicense or certificate or the refusal of a license or certificate to anapplicant, the board shall either dismiss the charge or charges or, withinits discretion, cause an investigation to be made of the charges containedin the affidavit, after which investigation the board shall either dismissthe charge or charges or proceed against the accused by written complaintas provided in subsection 3 of this section.
3. If the affidavit contains statements of fact which if true wouldauthorize pursuant to the provisions of this chapter the revocation orsuspension of an accused's license or certificate, the board shall cause aninvestigation to be made of the charge or charges contained in theaffidavit and unless the investigation discloses the falsity of the factsupon which the charge or charges in the affidavit are based, the boardshall file with and in the administrative hearing commission a writtencomplaint against the accused setting forth the cause or causes for whichthe accused's license or certificate of authority should be suspended orrevoked. Thereafter, the board shall be governed by and shall proceed inaccordance with the provisions of chapter 621, RSMo.
4. If the charges contained in the affidavit filed with the boardwould constitute a cause or causes for which pursuant to the provisions ofthis chapter an accused's license or certificate of authority should not berenewed or a cause or causes for which pursuant to the provisions of thischapter a certificate should not be issued, the board shall cause aninvestigation to be made of the charge or charges and unless theinvestigation discloses the falsity of the facts upon which the charge orcharges contained in the affidavit are based, the board shall refuse topermit an applicant to be examined upon the applicant's qualifications forlicensure or shall refuse to issue or renew a license or certificate ofauthority, as the case may require.
5. The provisions of this section shall not be so construed as toprevent the board on its own initiative from instituting and conductinginvestigations and based thereon to make written complaints in and to theadministrative hearing commission.
6. If for any reason the provisions of chapter 621, RSMo, becomeinapplicable to the board, then, and in that event, the board shall proceedto charge, adjudicate and otherwise act in accordance with the provisionsof chapter 536, RSMo.
(L. 1969 S.B. 117, A.L. 1986 H.B. 1163, A.L. 1999 H.B. 343)