Complaints against licensees, filed with administrative hearingcommission--refusal to issue license, notification,appeal--sanctions on license permitted, when.
317.015. 1. Any person wishing to make a complaint against alicensee under sections 317.001 to 317.014 shall file the written complaintwith the division setting forth supporting details. If the divisiondetermines that the charges warrant a hearing to ascertain whether thelicensee shall be disciplined, it shall file a complaint with theadministrative hearing commission as provided in chapter 621, RSMo. Anyperson holding more than one license issued by the division and disciplinedunder one license will automatically be disciplined under all licenses.
2. (1) The division may refuse to issue any permit or licensepursuant to this chapter for one or any combination of reasons stated inparagraphs (a) through (m) of subdivision (2) of this subsection. Thedivision shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of their rights to file a complaintor an appeal with the administrative hearing commission as provided inchapter 621, RSMo.
(2) The division may file a complaint with the administrative hearingcommission, as provided in chapter 621, RSMo, against any holder of anypermit or license issued pursuant to this chapter, or against any personwho has failed to renew or has surrendered their permit or license, for anyone or more of the following reasons:
(a) Use of an alcoholic beverage or any controlled substance, asdefined in chapter 195, RSMo, before or during a bout;
(b) The person has been found guilty or has entered a plea of guiltyor nolo contendere in a criminal prosecution under any state or federal lawfor any offense reasonably related to the qualifications, functions orduties of any profession licensed or regulated under this chapter, for anyoffense an essential element of which is fraud, dishonesty or an act ofviolence, or for any offense involving moral turpitude, whether or not asentence is imposed;
(c) Use of fraud, deception, misrepresentation or bribery in securingany permit or license issued pursuant to this chapter;
(d) Providing false information on applications or medical forms;
(e) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performing of the functions orduties of any profession licensed or regulated by this chapter;
(f) Violating or enabling any person to violate any provision of thischapter or any rule adopted pursuant to this chapter;
(g) Impersonating any permit or license holder or allowing any personto use their permit or license;
(h) Contestants failing to put forth their best effort during a bout;
(i) Disciplinary action against the holder of a license or otherright to practice any profession regulated by this chapter and issued byanother state, territory, federal agency or country upon grounds for whichrevocation or suspension is authorized in this state;
(j) A person adjudged mentally incompetent by a court of competentjurisdiction;
(k) 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;
(l) Use of foul or abusive language or mannerisms or threats ofphysical harm by any person associated with any bout or contest licensedpursuant to this chapter; or
(m) Issuance of a permit or license based upon a mistake of fact.
(3) After the complaint is filed, the proceeding shall be conductedin accordance with the provisions of chapter 621, RSMo. If theadministrative hearing commission finds that a person has violated one ormore of the grounds as provided in paragraphs (a) through (m) ofsubdivision (2) of this subsection, the division may censure or place theperson named in the compliant on probation on appropriate terms andconditions for a period not to exceed five years, may suspend the person'slicense for a period not to exceed three years, or may revoke the person'slicense.
3. Upon a finding that the grounds provided in subsection 2 of thissection for disciplinary action are met, the office may, singly or incombination, censure or place on probation on such terms and conditions asthe office deems appropriate for a period not to exceed five years, or maysuspend for a period not to exceed three years or revoke the certificate,license, or permit. In any order of revocation, the office may providethat the person shall not apply for a new license for a maximum of threeyears and one day following the date of the order of revocation. All stayorders shall toll the disciplinary time periods allotted herein. In lieuof or in addition to any remedy specifically provided in subsection 1 ofthis section, the office may require of a licensee:
(1) Satisfactory completion of medical testing and/or rehabilitationprograms as the office may specify; and/or
(2) A review conducted as the office may specify and satisfactorycompletion of medical testing and/or rehabilitation programs as the officemay specify.
Complaints against licensees, filed with administrative hearingcommission--refusal to issue license, notification,appeal--sanctions on license permitted, when.
317.015. 1. Any person wishing to make a complaint against alicensee under sections 317.001 to 317.014 shall file the written complaintwith the division setting forth supporting details. If the divisiondetermines that the charges warrant a hearing to ascertain whether thelicensee shall be disciplined, it shall file a complaint with theadministrative hearing commission as provided in chapter 621, RSMo. Anyperson holding more than one license issued by the division and disciplinedunder one license will automatically be disciplined under all licenses.
2. (1) The division may refuse to issue any permit or licensepursuant to this chapter for one or any combination of reasons stated inparagraphs (a) through (m) of subdivision (2) of this subsection. Thedivision shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of their rights to file a complaintor an appeal with the administrative hearing commission as provided inchapter 621, RSMo.
(2) The division may file a complaint with the administrative hearingcommission, as provided in chapter 621, RSMo, against any holder of anypermit or license issued pursuant to this chapter, or against any personwho has failed to renew or has surrendered their permit or license, for anyone or more of the following reasons:
(a) Use of an alcoholic beverage or any controlled substance, asdefined in chapter 195, RSMo, before or during a bout;
(b) The person has been found guilty or has entered a plea of guiltyor nolo contendere in a criminal prosecution under any state or federal lawfor any offense reasonably related to the qualifications, functions orduties of any profession licensed or regulated under this chapter, for anyoffense an essential element of which is fraud, dishonesty or an act ofviolence, or for any offense involving moral turpitude, whether or not asentence is imposed;
(c) Use of fraud, deception, misrepresentation or bribery in securingany permit or license issued pursuant to this chapter;
(d) Providing false information on applications or medical forms;
(e) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performing of the functions orduties of any profession licensed or regulated by this chapter;
(f) Violating or enabling any person to violate any provision of thischapter or any rule adopted pursuant to this chapter;
(g) Impersonating any permit or license holder or allowing any personto use their permit or license;
(h) Contestants failing to put forth their best effort during a bout;
(i) Disciplinary action against the holder of a license or otherright to practice any profession regulated by this chapter and issued byanother state, territory, federal agency or country upon grounds for whichrevocation or suspension is authorized in this state;
(j) A person adjudged mentally incompetent by a court of competentjurisdiction;
(k) 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;
(l) Use of foul or abusive language or mannerisms or threats ofphysical harm by any person associated with any bout or contest licensedpursuant to this chapter; or
(m) Issuance of a permit or license based upon a mistake of fact.
(3) After the complaint is filed, the proceeding shall be conductedin accordance with the provisions of chapter 621, RSMo. If theadministrative hearing commission finds that a person has violated one ormore of the grounds as provided in paragraphs (a) through (m) ofsubdivision (2) of this subsection, the division may censure or place theperson named in the compliant on probation on appropriate terms andconditions for a period not to exceed five years, may suspend the person'slicense for a period not to exceed three years, or may revoke the person'slicense.
3. Upon a finding that the grounds provided in subsection 2 of thissection for disciplinary action are met, the office may, singly or incombination, censure or place on probation on such terms and conditions asthe office deems appropriate for a period not to exceed five years, or maysuspend for a period not to exceed three years or revoke the certificate,license, or permit. In any order of revocation, the office may providethat the person shall not apply for a new license for a maximum of threeyears and one day following the date of the order of revocation. All stayorders shall toll the disciplinary time periods allotted herein. In lieuof or in addition to any remedy specifically provided in subsection 1 ofthis section, the office may require of a licensee:
(1) Satisfactory completion of medical testing and/or rehabilitationprograms as the office may specify; and/or
(2) A review conducted as the office may specify and satisfactorycompletion of medical testing and/or rehabilitation programs as the officemay specify.
Complaints against licensees, filed with administrative hearingcommission--refusal to issue license, notification,appeal--sanctions on license permitted, when.
317.015. 1. Any person wishing to make a complaint against alicensee under sections 317.001 to 317.014 shall file the written complaintwith the division setting forth supporting details. If the divisiondetermines that the charges warrant a hearing to ascertain whether thelicensee shall be disciplined, it shall file a complaint with theadministrative hearing commission as provided in chapter 621, RSMo. Anyperson holding more than one license issued by the division and disciplinedunder one license will automatically be disciplined under all licenses.
2. (1) The division may refuse to issue any permit or licensepursuant to this chapter for one or any combination of reasons stated inparagraphs (a) through (m) of subdivision (2) of this subsection. Thedivision shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of their rights to file a complaintor an appeal with the administrative hearing commission as provided inchapter 621, RSMo.
(2) The division may file a complaint with the administrative hearingcommission, as provided in chapter 621, RSMo, against any holder of anypermit or license issued pursuant to this chapter, or against any personwho has failed to renew or has surrendered their permit or license, for anyone or more of the following reasons:
(a) Use of an alcoholic beverage or any controlled substance, asdefined in chapter 195, RSMo, before or during a bout;
(b) The person has been found guilty or has entered a plea of guiltyor nolo contendere in a criminal prosecution under any state or federal lawfor any offense reasonably related to the qualifications, functions orduties of any profession licensed or regulated under this chapter, for anyoffense an essential element of which is fraud, dishonesty or an act ofviolence, or for any offense involving moral turpitude, whether or not asentence is imposed;
(c) Use of fraud, deception, misrepresentation or bribery in securingany permit or license issued pursuant to this chapter;
(d) Providing false information on applications or medical forms;
(e) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performing of the functions orduties of any profession licensed or regulated by this chapter;
(f) Violating or enabling any person to violate any provision of thischapter or any rule adopted pursuant to this chapter;
(g) Impersonating any permit or license holder or allowing any personto use their permit or license;
(h) Contestants failing to put forth their best effort during a bout;
(i) Disciplinary action against the holder of a license or otherright to practice any profession regulated by this chapter and issued byanother state, territory, federal agency or country upon grounds for whichrevocation or suspension is authorized in this state;
(j) A person adjudged mentally incompetent by a court of competentjurisdiction;
(k) 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;
(l) Use of foul or abusive language or mannerisms or threats ofphysical harm by any person associated with any bout or contest licensedpursuant to this chapter; or
(m) Issuance of a permit or license based upon a mistake of fact.
(3) After the complaint is filed, the proceeding shall be conductedin accordance with the provisions of chapter 621, RSMo. If theadministrative hearing commission finds that a person has violated one ormore of the grounds as provided in paragraphs (a) through (m) ofsubdivision (2) of this subsection, the division may censure or place theperson named in the compliant on probation on appropriate terms andconditions for a period not to exceed five years, may suspend the person'slicense for a period not to exceed three years, or may revoke the person'slicense.
3. Upon a finding that the grounds provided in subsection 2 of thissection for disciplinary action are met, the office may, singly or incombination, censure or place on probation on such terms and conditions asthe office deems appropriate for a period not to exceed five years, or maysuspend for a period not to exceed three years or revoke the certificate,license, or permit. In any order of revocation, the office may providethat the person shall not apply for a new license for a maximum of threeyears and one day following the date of the order of revocation. All stayorders shall toll the disciplinary time periods allotted herein. In lieuof or in addition to any remedy specifically provided in subsection 1 ofthis section, the office may require of a licensee:
(1) Satisfactory completion of medical testing and/or rehabilitationprograms as the office may specify; and/or
(2) A review conducted as the office may specify and satisfactorycompletion of medical testing and/or rehabilitation programs as the officemay specify.
