214.276. 1. The division may refuse to issue or renew any license,required pursuant to sections 214.270 to 214.516 for one or any combinationof causes stated in subsection 2 of this section. The division shallnotify the applicant in writing of the reasons for the refusal and shalladvise the applicant of his or her right to file a complaint with theadministrative hearing commission as provided by chapter 621, RSMo.
2. The division may cause a complaint to be filed with theadministrative hearing commission as provided in chapter 621, RSMo, againstany holder of any license, required by sections 214.270 to 214.516 or anyperson who has failed to surrender his or her license, for any one or anycombination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, RSMo,or alcoholic beverage to an extent that such use impairs a person's abilityto perform the work of any profession licensed or regulated by sections214.270 to 214.516;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionpursuant to the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions or duties of anyprofession licensed or regulated pursuant to sections 214.270 to 214.516,for any offense an essential element of which is fraud, dishonesty or anact of violence, or for any offense involving moral turpitude, whether ornot sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany license, issued pursuant to sections 214.270 to 214.516 or in obtainingpermission to take any examination given or required pursuant to sections214.270 to 214.516;
(4) Obtaining or attempting to obtain any fee, charge or othercompensation by fraud, deception or misrepresentation;
(5) Incompetence, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of any profession regulated by sections 214.270 to 214.516;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 214.270 to 214.516, or any lawful rule or regulationadopted pursuant to sections 214.270 to 214.516;
(7) Impersonation of any person holding a license or allowing anyperson to use his or her license;
(8) Disciplinary action against the holder of a license or otherright to practice any profession regulated by sections 214.270 to 214.516granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(9) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(10) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by sections 214.270 to214.516 who is not registered and currently eligible to practice pursuantto sections 214.270 to 214.516;
(11) Issuance of a license based upon a material mistake of fact;
(12) Failure to display a valid license;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(15) Willfully and through undue influence selling a burial space,cemetery services or merchandise.
3. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that the grounds, providedin subsection 2 of this section, for disciplinary action are met, thedivision may singly or in combination, censure or place the person named inthe complaint on probation on such terms and conditions as the divisiondeems appropriate for a period not to exceed five years, or may suspend, orrevoke the license or permit. No new license shall be issued to the owneror operator of a cemetery or to any corporation controlled by such ownerfor three years after the revocation of the certificate of the owner or ofa corporation controlled by the owner.
4. Operators of all existing endowed care or nonendowed carecemeteries shall, prior to August twenty-eighth following August 28, 2001,apply for a license pursuant to this section. All endowed care ornonendowed care cemeteries operating in compliance with sections 214.270 to214.516 prior to August twenty-eighth following August 28, 2001, shall begranted a license by the division upon receipt of application.
5. The division may settle disputes arising under subsections 2 and 3of this section by consent agreement or settlement agreement between thedivision and the holder of a license. Within such a settlement agreement,the division may singly or in combination impose any discipline orpenalties allowed by this section or subsection 4 of section 214.410.Settlement of such disputes shall be entered into pursuant to theprocedures set forth in section 621.045, RSMo.
214.276. 1. The division may refuse to issue or renew any license,required pursuant to sections 214.270 to 214.516 for one or any combinationof causes stated in subsection 2 of this section. The division shallnotify the applicant in writing of the reasons for the refusal and shalladvise the applicant of his or her right to file a complaint with theadministrative hearing commission as provided by chapter 621, RSMo.
2. The division may cause a complaint to be filed with theadministrative hearing commission as provided in chapter 621, RSMo, againstany holder of any license, required by sections 214.270 to 214.516 or anyperson who has failed to surrender his or her license, for any one or anycombination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, RSMo,or alcoholic beverage to an extent that such use impairs a person's abilityto perform the work of any profession licensed or regulated by sections214.270 to 214.516;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionpursuant to the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions or duties of anyprofession licensed or regulated pursuant to sections 214.270 to 214.516,for any offense an essential element of which is fraud, dishonesty or anact of violence, or for any offense involving moral turpitude, whether ornot sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany license, issued pursuant to sections 214.270 to 214.516 or in obtainingpermission to take any examination given or required pursuant to sections214.270 to 214.516;
(4) Obtaining or attempting to obtain any fee, charge or othercompensation by fraud, deception or misrepresentation;
(5) Incompetence, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of any profession regulated by sections 214.270 to 214.516;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 214.270 to 214.516, or any lawful rule or regulationadopted pursuant to sections 214.270 to 214.516;
(7) Impersonation of any person holding a license or allowing anyperson to use his or her license;
(8) Disciplinary action against the holder of a license or otherright to practice any profession regulated by sections 214.270 to 214.516granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(9) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(10) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by sections 214.270 to214.516 who is not registered and currently eligible to practice pursuantto sections 214.270 to 214.516;
(11) Issuance of a license based upon a material mistake of fact;
(12) Failure to display a valid license;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(15) Willfully and through undue influence selling a burial space,cemetery services or merchandise.
3. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that the grounds, providedin subsection 2 of this section, for disciplinary action are met, thedivision may singly or in combination, censure or place the person named inthe complaint on probation on such terms and conditions as the divisiondeems appropriate for a period not to exceed five years, or may suspend, orrevoke the license or permit. No new license shall be issued to the owneror operator of a cemetery or to any corporation controlled by such ownerfor three years after the revocation of the certificate of the owner or ofa corporation controlled by the owner.
4. Operators of all existing endowed care or nonendowed carecemeteries shall, prior to August twenty-eighth following August 28, 2001,apply for a license pursuant to this section. All endowed care ornonendowed care cemeteries operating in compliance with sections 214.270 to214.516 prior to August twenty-eighth following August 28, 2001, shall begranted a license by the division upon receipt of application.
5. The division may settle disputes arising under subsections 2 and 3of this section by consent agreement or settlement agreement between thedivision and the holder of a license. Within such a settlement agreement,the division may singly or in combination impose any discipline orpenalties allowed by this section or subsection 4 of section 214.410.Settlement of such disputes shall be entered into pursuant to theprocedures set forth in section 621.045, RSMo.
214.276. 1. The division may refuse to issue or renew any license,required pursuant to sections 214.270 to 214.516 for one or any combinationof causes stated in subsection 2 of this section. The division shallnotify the applicant in writing of the reasons for the refusal and shalladvise the applicant of his or her right to file a complaint with theadministrative hearing commission as provided by chapter 621, RSMo.
2. The division may cause a complaint to be filed with theadministrative hearing commission as provided in chapter 621, RSMo, againstany holder of any license, required by sections 214.270 to 214.516 or anyperson who has failed to surrender his or her license, for any one or anycombination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, RSMo,or alcoholic beverage to an extent that such use impairs a person's abilityto perform the work of any profession licensed or regulated by sections214.270 to 214.516;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionpursuant to the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions or duties of anyprofession licensed or regulated pursuant to sections 214.270 to 214.516,for any offense an essential element of which is fraud, dishonesty or anact of violence, or for any offense involving moral turpitude, whether ornot sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany license, issued pursuant to sections 214.270 to 214.516 or in obtainingpermission to take any examination given or required pursuant to sections214.270 to 214.516;
(4) Obtaining or attempting to obtain any fee, charge or othercompensation by fraud, deception or misrepresentation;
(5) Incompetence, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of any profession regulated by sections 214.270 to 214.516;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 214.270 to 214.516, or any lawful rule or regulationadopted pursuant to sections 214.270 to 214.516;
(7) Impersonation of any person holding a license or allowing anyperson to use his or her license;
(8) Disciplinary action against the holder of a license or otherright to practice any profession regulated by sections 214.270 to 214.516granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(9) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(10) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by sections 214.270 to214.516 who is not registered and currently eligible to practice pursuantto sections 214.270 to 214.516;
(11) Issuance of a license based upon a material mistake of fact;
(12) Failure to display a valid license;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(15) Willfully and through undue influence selling a burial space,cemetery services or merchandise.
3. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that the grounds, providedin subsection 2 of this section, for disciplinary action are met, thedivision may singly or in combination, censure or place the person named inthe complaint on probation on such terms and conditions as the divisiondeems appropriate for a period not to exceed five years, or may suspend, orrevoke the license or permit. No new license shall be issued to the owneror operator of a cemetery or to any corporation controlled by such ownerfor three years after the revocation of the certificate of the owner or ofa corporation controlled by the owner.
4. Operators of all existing endowed care or nonendowed carecemeteries shall, prior to August twenty-eighth following August 28, 2001,apply for a license pursuant to this section. All endowed care ornonendowed care cemeteries operating in compliance with sections 214.270 to214.516 prior to August twenty-eighth following August 28, 2001, shall begranted a license by the division upon receipt of application.
5. The division may settle disputes arising under subsections 2 and 3of this section by consent agreement or settlement agreement between thedivision and the holder of a license. Within such a settlement agreement,the division may singly or in combination impose any discipline orpenalties allowed by this section or subsection 4 of section 214.410.Settlement of such disputes shall be entered into pursuant to theprocedures set forth in section 621.045, RSMo.
