Refusal to issue, renew or reinstate certificate, when--complaintfiled, procedure.
324.436. 1. The council may refuse to issue any certificate requiredpursuant to sections 324.400 to 324.439, or renew or reinstate any suchcertificate, for any one or any combination of the reasons stated insubsection 2 of this section. The council shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofthe person's right to file a complaint with the administrative hearingcommission as provided in chapter 621, RSMo.
2. The council may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of a certificate of registration required by sections 324.400 to324.439 or any person who has failed to renew or has surrendered theperson's certificate of registration for any one or combination of thefollowing reasons:
(1) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of this state or any other state or of the United States,for any offense reasonably related to the qualifications, functions orduties of the profession regulated by sections 324.400 to 324.439; for anyoffense for which an essential element is fraud, dishonesty or an act ofviolence; or for a felony, whether or not sentence is imposed;
(2) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration issued pursuant to sections 324.400 to324.439 or in obtaining permission to take any examination given orrequired pursuant to sections 324.400 to 324.439;
(3) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(4) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of the profession regulated by sections 324.400 to 324.439;
(5) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.400 to 324.439, or of any lawful rule orregulation adopted pursuant to such sections;
(6) Impersonation of any person holding a certificate of registrationor authority, permit or license or allowing any person to use the person'scertificate or diploma from any school;
(7) Disciplinary action against the holder of a certificate ofregistration or other right to perform the profession regulated by sections324.400 to 324.439 granted by another state, territory, federal agency orcountry upon grounds for which revocation or suspension is authorized inthis state;
(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(9) Issuance of a certificate of registration based upon a materialmistake of fact;
(10) 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, as it relates to theinterior design profession.
3. After the filing of a complaint pursuant to subsection 2 of thissection, the proceedings shall be conducted in accordance with theprovisions of chapter 536, RSMo, and chapter 621, RSMo. Upon a finding bythe administrative hearing commission that the grounds, provided insubsection 2 of this section, for disciplinary action are met, the councilshall censure or place the person named in the complaint on probation for aperiod not to exceed five years or may suspend the person's certificate fora period not to exceed three years or may revoke the person's certificateof registration.
Refusal to issue, renew or reinstate certificate, when--complaintfiled, procedure.
324.436. 1. The council may refuse to issue any certificate requiredpursuant to sections 324.400 to 324.439, or renew or reinstate any suchcertificate, for any one or any combination of the reasons stated insubsection 2 of this section. The council shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofthe person's right to file a complaint with the administrative hearingcommission as provided in chapter 621, RSMo.
2. The council may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of a certificate of registration required by sections 324.400 to324.439 or any person who has failed to renew or has surrendered theperson's certificate of registration for any one or combination of thefollowing reasons:
(1) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of this state or any other state or of the United States,for any offense reasonably related to the qualifications, functions orduties of the profession regulated by sections 324.400 to 324.439; for anyoffense for which an essential element is fraud, dishonesty or an act ofviolence; or for a felony, whether or not sentence is imposed;
(2) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration issued pursuant to sections 324.400 to324.439 or in obtaining permission to take any examination given orrequired pursuant to sections 324.400 to 324.439;
(3) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(4) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of the profession regulated by sections 324.400 to 324.439;
(5) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.400 to 324.439, or of any lawful rule orregulation adopted pursuant to such sections;
(6) Impersonation of any person holding a certificate of registrationor authority, permit or license or allowing any person to use the person'scertificate or diploma from any school;
(7) Disciplinary action against the holder of a certificate ofregistration or other right to perform the profession regulated by sections324.400 to 324.439 granted by another state, territory, federal agency orcountry upon grounds for which revocation or suspension is authorized inthis state;
(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(9) Issuance of a certificate of registration based upon a materialmistake of fact;
(10) 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, as it relates to theinterior design profession.
3. After the filing of a complaint pursuant to subsection 2 of thissection, the proceedings shall be conducted in accordance with theprovisions of chapter 536, RSMo, and chapter 621, RSMo. Upon a finding bythe administrative hearing commission that the grounds, provided insubsection 2 of this section, for disciplinary action are met, the councilshall censure or place the person named in the complaint on probation for aperiod not to exceed five years or may suspend the person's certificate fora period not to exceed three years or may revoke the person's certificateof registration.
Refusal to issue, renew or reinstate certificate, when--complaintfiled, procedure.
324.436. 1. The council may refuse to issue any certificate requiredpursuant to sections 324.400 to 324.439, or renew or reinstate any suchcertificate, for any one or any combination of the reasons stated insubsection 2 of this section. The council shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofthe person's right to file a complaint with the administrative hearingcommission as provided in chapter 621, RSMo.
2. The council may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of a certificate of registration required by sections 324.400 to324.439 or any person who has failed to renew or has surrendered theperson's certificate of registration for any one or combination of thefollowing reasons:
(1) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of this state or any other state or of the United States,for any offense reasonably related to the qualifications, functions orduties of the profession regulated by sections 324.400 to 324.439; for anyoffense for which an essential element is fraud, dishonesty or an act ofviolence; or for a felony, whether or not sentence is imposed;
(2) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration issued pursuant to sections 324.400 to324.439 or in obtaining permission to take any examination given orrequired pursuant to sections 324.400 to 324.439;
(3) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(4) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of the profession regulated by sections 324.400 to 324.439;
(5) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.400 to 324.439, or of any lawful rule orregulation adopted pursuant to such sections;
(6) Impersonation of any person holding a certificate of registrationor authority, permit or license or allowing any person to use the person'scertificate or diploma from any school;
(7) Disciplinary action against the holder of a certificate ofregistration or other right to perform the profession regulated by sections324.400 to 324.439 granted by another state, territory, federal agency orcountry upon grounds for which revocation or suspension is authorized inthis state;
(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(9) Issuance of a certificate of registration based upon a materialmistake of fact;
(10) 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, as it relates to theinterior design profession.
3. After the filing of a complaint pursuant to subsection 2 of thissection, the proceedings shall be conducted in accordance with theprovisions of chapter 536, RSMo, and chapter 621, RSMo. Upon a finding bythe administrative hearing commission that the grounds, provided insubsection 2 of this section, for disciplinary action are met, the councilshall censure or place the person named in the complaint on probation for aperiod not to exceed five years or may suspend the person's certificate fora period not to exceed three years or may revoke the person's certificateof registration.
