Authority of the board--complaints, procedure--limitation ofliability.
324.496. 1. The board, with recommendation by the committee, mayrefuse to issue, renew or reinstate any license required by sections324.475 to 324.499 for one or any combination of causes stated insubsection 2 of this section. The board shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofhis or her right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo.
2. The board, with recommendation by the committee, may cause acomplaint to be filed with the administrative hearing commission asprovided by chapter 621, RSMo, against any holder of any license issuedpursuant to sections 324.475 to 324.499 or any person who has failed torenew or has surrendered his or her license for any one or any combinationof the following causes:
(1) 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 theprofession regulated pursuant to sections 324.475 to 324.499, for anyoffense an essential element of which is fraud, dishonesty or an act ofviolence, or for any offense involving moral turpitude, whether or notsentence is imposed;
(2) Use of fraud, deception, misrepresentation or bribery in securingany license issued pursuant to sections 324.475 to 324.499 or in obtainingpermission to take any examination given or required pursuant to sections324.475 to 324.499;
(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 324.475 to 324.499;
(5) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.475 to 324.499, or of any lawful rule orregulation adopted pursuant to such sections;
(6) Impersonation of any person holding a license or allowing anyperson to use his or her certificate or diploma from any school orcertification entity;
(7) Disciplinary action against the holder of a license or otherright to practice the profession regulated by sections 324.475 to 324.499granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(9) Issuance of a license based upon a material mistake 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;
(11) Use of any controlled substance, as defined in chapter 195,RSMo, or alcoholic beverage to an extent that such use impairs a person'sability to perform the work of any profession licensed or regulated bysections 324.475 to 324.499.
3. Any person, organization, association or corporation who reportsor provides information to the division, board or committee pursuant to theprovisions of sections 324.475 to 324.499 and who does so in good faith andwithout negligence shall not be subject to an action for civil damages as aresult thereof.
4. After the filing of a complaint pursuant to subsection 2 of thissection, the proceedings shall be conducted in accordance with theprovisions of chapter 621, RSMo. Upon a finding by the administrativehearing commission that the grounds, provided in subsection 2 of thissection, for disciplinary action are met, the board may, uponrecommendation of the committee, singly or in combination, censure or placethe person named in the complaint on probation, suspension or revoke thelicense of the person on such terms and conditions as the division deemsappropriate.
Authority of the board--complaints, procedure--limitation ofliability.
324.496. 1. The board, with recommendation by the committee, mayrefuse to issue, renew or reinstate any license required by sections324.475 to 324.499 for one or any combination of causes stated insubsection 2 of this section. The board shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofhis or her right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo.
2. The board, with recommendation by the committee, may cause acomplaint to be filed with the administrative hearing commission asprovided by chapter 621, RSMo, against any holder of any license issuedpursuant to sections 324.475 to 324.499 or any person who has failed torenew or has surrendered his or her license for any one or any combinationof the following causes:
(1) 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 theprofession regulated pursuant to sections 324.475 to 324.499, for anyoffense an essential element of which is fraud, dishonesty or an act ofviolence, or for any offense involving moral turpitude, whether or notsentence is imposed;
(2) Use of fraud, deception, misrepresentation or bribery in securingany license issued pursuant to sections 324.475 to 324.499 or in obtainingpermission to take any examination given or required pursuant to sections324.475 to 324.499;
(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 324.475 to 324.499;
(5) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.475 to 324.499, or of any lawful rule orregulation adopted pursuant to such sections;
(6) Impersonation of any person holding a license or allowing anyperson to use his or her certificate or diploma from any school orcertification entity;
(7) Disciplinary action against the holder of a license or otherright to practice the profession regulated by sections 324.475 to 324.499granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(9) Issuance of a license based upon a material mistake 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;
(11) Use of any controlled substance, as defined in chapter 195,RSMo, or alcoholic beverage to an extent that such use impairs a person'sability to perform the work of any profession licensed or regulated bysections 324.475 to 324.499.
3. Any person, organization, association or corporation who reportsor provides information to the division, board or committee pursuant to theprovisions of sections 324.475 to 324.499 and who does so in good faith andwithout negligence shall not be subject to an action for civil damages as aresult thereof.
4. After the filing of a complaint pursuant to subsection 2 of thissection, the proceedings shall be conducted in accordance with theprovisions of chapter 621, RSMo. Upon a finding by the administrativehearing commission that the grounds, provided in subsection 2 of thissection, for disciplinary action are met, the board may, uponrecommendation of the committee, singly or in combination, censure or placethe person named in the complaint on probation, suspension or revoke thelicense of the person on such terms and conditions as the division deemsappropriate.
Authority of the board--complaints, procedure--limitation ofliability.
324.496. 1. The board, with recommendation by the committee, mayrefuse to issue, renew or reinstate any license required by sections324.475 to 324.499 for one or any combination of causes stated insubsection 2 of this section. The board shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofhis or her right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo.
2. The board, with recommendation by the committee, may cause acomplaint to be filed with the administrative hearing commission asprovided by chapter 621, RSMo, against any holder of any license issuedpursuant to sections 324.475 to 324.499 or any person who has failed torenew or has surrendered his or her license for any one or any combinationof the following causes:
(1) 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 theprofession regulated pursuant to sections 324.475 to 324.499, for anyoffense an essential element of which is fraud, dishonesty or an act ofviolence, or for any offense involving moral turpitude, whether or notsentence is imposed;
(2) Use of fraud, deception, misrepresentation or bribery in securingany license issued pursuant to sections 324.475 to 324.499 or in obtainingpermission to take any examination given or required pursuant to sections324.475 to 324.499;
(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 324.475 to 324.499;
(5) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.475 to 324.499, or of any lawful rule orregulation adopted pursuant to such sections;
(6) Impersonation of any person holding a license or allowing anyperson to use his or her certificate or diploma from any school orcertification entity;
(7) Disciplinary action against the holder of a license or otherright to practice the profession regulated by sections 324.475 to 324.499granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(9) Issuance of a license based upon a material mistake 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;
(11) Use of any controlled substance, as defined in chapter 195,RSMo, or alcoholic beverage to an extent that such use impairs a person'sability to perform the work of any profession licensed or regulated bysections 324.475 to 324.499.
3. Any person, organization, association or corporation who reportsor provides information to the division, board or committee pursuant to theprovisions of sections 324.475 to 324.499 and who does so in good faith andwithout negligence shall not be subject to an action for civil damages as aresult thereof.
4. After the filing of a complaint pursuant to subsection 2 of thissection, the proceedings shall be conducted in accordance with theprovisions of chapter 621, RSMo. Upon a finding by the administrativehearing commission that the grounds, provided in subsection 2 of thissection, for disciplinary action are met, the board may, uponrecommendation of the committee, singly or in combination, censure or placethe person named in the complaint on probation, suspension or revoke thelicense of the person on such terms and conditions as the division deemsappropriate.
