State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T38 > C590 > 590_100

Denial of an application, when–review process.

590.100. 1. The director shall have cause to deny any applicationfor a peace officer license or entrance into a basic training course whenthe director has knowledge that would constitute cause to discipline theapplicant if the applicant were licensed.

2. When the director has knowledge of cause to deny an applicationpursuant to this section, the director may grant the application subject toprobation or may deny the application. The director shall notify theapplicant in writing of the reasons for such action and of the right toappeal pursuant to this section.

3. Any applicant aggrieved by a decision of the director pursuant tothis section may appeal within thirty days to the administrative hearingcommission, which shall conduct a hearing to determine whether the directorhas cause for denial, and which shall issue findings of fact andconclusions of law on the matter. The administrative hearing commissionshall not consider the relative severity of the cause for denial or anyrehabilitation of the applicant or otherwise impinge upon the discretion ofthe director to determine whether to grant the application subject toprobation or deny the application when cause exists pursuant to thissection. Failure to submit a written request for a hearing to theadministrative hearing commission within thirty days after a decision ofthe director pursuant to this section shall constitute a waiver of theright to appeal such decision.

4. Upon a finding by the administrative hearing commission that causefor denial exists, the director shall not be bound by any prior action onthe matter and shall, within thirty days, hold a hearing to determinewhether to grant the application subject to probation or deny theapplication. If the licensee fails to appear at the director's hearing,this shall constitute a waiver of the right to such hearing.

5. The provisions of chapter 621, RSMo, and any amendments thereto,except those provisions or amendments that are in conflict with thischapter, shall apply to and govern the proceedings of the administrativehearing commission pursuant to this section and the rights and duties ofthe parties involved.

(L. 1978 H.B. 879 & 899 § 1, A.L. 1988 S.B. 532, A.L. 1993 S.B. 268, A.L. 2001 H.B. 80)