Refusal of registration, when--complaint procedure--injunctive reliefauthorized, when--reapplication after revocation, when.
333.330. 1. The board may refuse to issue any certificate ofregistration or authority, permit, or license required under this chapterfor one or any combination of causes stated in subsection 2 of thissection. The board shall notify the applicant in writing of the reasonsfor the refusal and shall advise the applicant of his or her right to filea complaint with the administrative hearing commission as provided bychapter 621, RSMo.
2. The board may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any certificate of registration or authority, permit, orlicense required by this chapter, or any person who has failed to renew orhas surrendered his or her certificate of registration or authority,permit, or license for any one or any combination 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 thischapter;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder 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 under this chapter, for any offenseinvolving a controlled substance, or for any offense an essential elementof which is fraud, dishonesty, or an act of violence;
(3) Use of fraud, deception, misrepresentation, or bribery insecuring any certificate of registration or authority, permit, or licenseissued under this chapter or in obtaining permission to take anyexamination given or required under this chapter;
(4) Obtaining or attempting to obtain any fee, charge, tuition, orother compensation by fraud, deception, or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud,misrepresentation, or dishonesty in the performance of the functions orduties of any profession licensed or regulated by this chapter;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of this chapter, or of any lawful rule or regulation adoptedpursuant thereto;
(7) Impersonation of any person holding a certificate of registrationor authority, permit, or license or allowing any person to use his or hercertificate of registration or authority, permit, license, or diploma fromany school;
(8) Disciplinary action against the holder of a license or otherright to practice any profession regulated by this chapter granted byanother state, territory, federal agency, or country upon grounds for whichrevocation or suspension is authorized in this state;
(9) A person is finally adjudged mentally incompetent by a court ofcompetent jurisdiction;
(10) Misappropriation or theft of preneed funds;
(11) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by this chapter regulatingpreneed who is not licensed or registered and currently eligible topractice thereunder;
(12) Issuance of a certificate of registration or authority, permit,or license based upon a material mistake of fact;
(13) Failure to display a valid certificate or license if so requiredby this chapter regulating preneed or any rule established thereunder;
(14) Violation of any professional trust or confidence;
(15) Making or filing any report required by sections 436.400 to436.520, RSMo, regulating preneed which the licensee knows to be false orknowingly failing to make or file a report required by such sections;
(16) 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; or
(17) Willfully and through undue influence selling a funeral;
(18) Willfully and through undue influence selling a preneedcontract;
(19) Violation of any of the provisions of chapter 193, 194, 407, or436, RSMo;
(20) Presigning a death certificate or signing a death certificate ona body not yet embalmed by, or under the personal supervision of, thelicensee;
(21) Failure to execute and sign the death certificate on a bodyembalmed by, or under the personal supervision of, a licensee;
(22) Failure to refuse to properly guard against contagious,infectious, or communicable diseases or the spread thereof;
(23) Refusing to surrender a dead human body upon request by the nextof kin, legal representative, or other person entitled to the custody andcontrol of the body.
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, the boardmay, singly or in combination, censure or place the person named in thecomplaint on probation on such terms and conditions as the board deemsappropriate for a period not to exceed five years, or may suspend, for aperiod not to exceed three years, or revoke any certificate of registrationor authority, permit, or license issued under this chapter.
4. In addition to all other powers and authority granted by theboard, the board may seek an injunction, restraining order or other orderfrom the circuit court of Cole County to enjoin any seller from engaging inpreneed sales upon a showing by the board that the seller has failed tomake deposits into the preneed trust, has obtained funds out of the trustto which the seller is not entitled or has exercised influence or controlover the trustee or has engaged in any other act that has resulted in ashortage in any preneed trust or joint account which exceeds twenty percentof the total amount required to be held or deposited into the trust orjoint account under the provisions of sections 436.400 to 436.520, RSMo.In addition to the power to enjoin for this conduct, the circuit court ofCole County shall also be entitled to suspend or revoke the preneedseller's license and any other license issued pursuant to this chapter,held by the seller.
5. An individual whose certificate of registration or authority,permit, or license has been revoked shall wait three years from the date ofrevocation to apply for any certificate of registration or authority,permit, or license under this chapter, either as an individual or as amanager, director, shareholder, or partner of any business entity. Anycertificate of registration or authority, permit, or license shall beissued at the discretion of the board after compliance with all therequirements of this chapter relative to the licensing or registration ofthe applicant for the first time.
6. Use of the procedures set out in this section shall not precludethe application of the provisions of subsection 2 of section 333.335.
Refusal of registration, when--complaint procedure--injunctive reliefauthorized, when--reapplication after revocation, when.
333.330. 1. The board may refuse to issue any certificate ofregistration or authority, permit, or license required under this chapterfor one or any combination of causes stated in subsection 2 of thissection. The board shall notify the applicant in writing of the reasonsfor the refusal and shall advise the applicant of his or her right to filea complaint with the administrative hearing commission as provided bychapter 621, RSMo.
2. The board may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any certificate of registration or authority, permit, orlicense required by this chapter, or any person who has failed to renew orhas surrendered his or her certificate of registration or authority,permit, or license for any one or any combination 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 thischapter;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder 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 under this chapter, for any offenseinvolving a controlled substance, or for any offense an essential elementof which is fraud, dishonesty, or an act of violence;
(3) Use of fraud, deception, misrepresentation, or bribery insecuring any certificate of registration or authority, permit, or licenseissued under this chapter or in obtaining permission to take anyexamination given or required under this chapter;
(4) Obtaining or attempting to obtain any fee, charge, tuition, orother compensation by fraud, deception, or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud,misrepresentation, or dishonesty in the performance of the functions orduties of any profession licensed or regulated by this chapter;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of this chapter, or of any lawful rule or regulation adoptedpursuant thereto;
(7) Impersonation of any person holding a certificate of registrationor authority, permit, or license or allowing any person to use his or hercertificate of registration or authority, permit, license, or diploma fromany school;
(8) Disciplinary action against the holder of a license or otherright to practice any profession regulated by this chapter granted byanother state, territory, federal agency, or country upon grounds for whichrevocation or suspension is authorized in this state;
(9) A person is finally adjudged mentally incompetent by a court ofcompetent jurisdiction;
(10) Misappropriation or theft of preneed funds;
(11) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by this chapter regulatingpreneed who is not licensed or registered and currently eligible topractice thereunder;
(12) Issuance of a certificate of registration or authority, permit,or license based upon a material mistake of fact;
(13) Failure to display a valid certificate or license if so requiredby this chapter regulating preneed or any rule established thereunder;
(14) Violation of any professional trust or confidence;
(15) Making or filing any report required by sections 436.400 to436.520, RSMo, regulating preneed which the licensee knows to be false orknowingly failing to make or file a report required by such sections;
(16) 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; or
(17) Willfully and through undue influence selling a funeral;
(18) Willfully and through undue influence selling a preneedcontract;
(19) Violation of any of the provisions of chapter 193, 194, 407, or436, RSMo;
(20) Presigning a death certificate or signing a death certificate ona body not yet embalmed by, or under the personal supervision of, thelicensee;
(21) Failure to execute and sign the death certificate on a bodyembalmed by, or under the personal supervision of, a licensee;
(22) Failure to refuse to properly guard against contagious,infectious, or communicable diseases or the spread thereof;
(23) Refusing to surrender a dead human body upon request by the nextof kin, legal representative, or other person entitled to the custody andcontrol of the body.
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, the boardmay, singly or in combination, censure or place the person named in thecomplaint on probation on such terms and conditions as the board deemsappropriate for a period not to exceed five years, or may suspend, for aperiod not to exceed three years, or revoke any certificate of registrationor authority, permit, or license issued under this chapter.
4. In addition to all other powers and authority granted by theboard, the board may seek an injunction, restraining order or other orderfrom the circuit court of Cole County to enjoin any seller from engaging inpreneed sales upon a showing by the board that the seller has failed tomake deposits into the preneed trust, has obtained funds out of the trustto which the seller is not entitled or has exercised influence or controlover the trustee or has engaged in any other act that has resulted in ashortage in any preneed trust or joint account which exceeds twenty percentof the total amount required to be held or deposited into the trust orjoint account under the provisions of sections 436.400 to 436.520, RSMo.In addition to the power to enjoin for this conduct, the circuit court ofCole County shall also be entitled to suspend or revoke the preneedseller's license and any other license issued pursuant to this chapter,held by the seller.
5. An individual whose certificate of registration or authority,permit, or license has been revoked shall wait three years from the date ofrevocation to apply for any certificate of registration or authority,permit, or license under this chapter, either as an individual or as amanager, director, shareholder, or partner of any business entity. Anycertificate of registration or authority, permit, or license shall beissued at the discretion of the board after compliance with all therequirements of this chapter relative to the licensing or registration ofthe applicant for the first time.
6. Use of the procedures set out in this section shall not precludethe application of the provisions of subsection 2 of section 333.335.
Refusal of registration, when--complaint procedure--injunctive reliefauthorized, when--reapplication after revocation, when.
333.330. 1. The board may refuse to issue any certificate ofregistration or authority, permit, or license required under this chapterfor one or any combination of causes stated in subsection 2 of thissection. The board shall notify the applicant in writing of the reasonsfor the refusal and shall advise the applicant of his or her right to filea complaint with the administrative hearing commission as provided bychapter 621, RSMo.
2. The board may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any certificate of registration or authority, permit, orlicense required by this chapter, or any person who has failed to renew orhas surrendered his or her certificate of registration or authority,permit, or license for any one or any combination 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 thischapter;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder 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 under this chapter, for any offenseinvolving a controlled substance, or for any offense an essential elementof which is fraud, dishonesty, or an act of violence;
(3) Use of fraud, deception, misrepresentation, or bribery insecuring any certificate of registration or authority, permit, or licenseissued under this chapter or in obtaining permission to take anyexamination given or required under this chapter;
(4) Obtaining or attempting to obtain any fee, charge, tuition, orother compensation by fraud, deception, or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud,misrepresentation, or dishonesty in the performance of the functions orduties of any profession licensed or regulated by this chapter;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of this chapter, or of any lawful rule or regulation adoptedpursuant thereto;
(7) Impersonation of any person holding a certificate of registrationor authority, permit, or license or allowing any person to use his or hercertificate of registration or authority, permit, license, or diploma fromany school;
(8) Disciplinary action against the holder of a license or otherright to practice any profession regulated by this chapter granted byanother state, territory, federal agency, or country upon grounds for whichrevocation or suspension is authorized in this state;
(9) A person is finally adjudged mentally incompetent by a court ofcompetent jurisdiction;
(10) Misappropriation or theft of preneed funds;
(11) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by this chapter regulatingpreneed who is not licensed or registered and currently eligible topractice thereunder;
(12) Issuance of a certificate of registration or authority, permit,or license based upon a material mistake of fact;
(13) Failure to display a valid certificate or license if so requiredby this chapter regulating preneed or any rule established thereunder;
(14) Violation of any professional trust or confidence;
(15) Making or filing any report required by sections 436.400 to436.520, RSMo, regulating preneed which the licensee knows to be false orknowingly failing to make or file a report required by such sections;
(16) 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; or
(17) Willfully and through undue influence selling a funeral;
(18) Willfully and through undue influence selling a preneedcontract;
(19) Violation of any of the provisions of chapter 193, 194, 407, or436, RSMo;
(20) Presigning a death certificate or signing a death certificate ona body not yet embalmed by, or under the personal supervision of, thelicensee;
(21) Failure to execute and sign the death certificate on a bodyembalmed by, or under the personal supervision of, a licensee;
(22) Failure to refuse to properly guard against contagious,infectious, or communicable diseases or the spread thereof;
(23) Refusing to surrender a dead human body upon request by the nextof kin, legal representative, or other person entitled to the custody andcontrol of the body.
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, the boardmay, singly or in combination, censure or place the person named in thecomplaint on probation on such terms and conditions as the board deemsappropriate for a period not to exceed five years, or may suspend, for aperiod not to exceed three years, or revoke any certificate of registrationor authority, permit, or license issued under this chapter.
4. In addition to all other powers and authority granted by theboard, the board may seek an injunction, restraining order or other orderfrom the circuit court of Cole County to enjoin any seller from engaging inpreneed sales upon a showing by the board that the seller has failed tomake deposits into the preneed trust, has obtained funds out of the trustto which the seller is not entitled or has exercised influence or controlover the trustee or has engaged in any other act that has resulted in ashortage in any preneed trust or joint account which exceeds twenty percentof the total amount required to be held or deposited into the trust orjoint account under the provisions of sections 436.400 to 436.520, RSMo.In addition to the power to enjoin for this conduct, the circuit court ofCole County shall also be entitled to suspend or revoke the preneedseller's license and any other license issued pursuant to this chapter,held by the seller.
5. An individual whose certificate of registration or authority,permit, or license has been revoked shall wait three years from the date ofrevocation to apply for any certificate of registration or authority,permit, or license under this chapter, either as an individual or as amanager, director, shareholder, or partner of any business entity. Anycertificate of registration or authority, permit, or license shall beissued at the discretion of the board after compliance with all therequirements of this chapter relative to the licensing or registration ofthe applicant for the first time.
6. Use of the procedures set out in this section shall not precludethe application of the provisions of subsection 2 of section 333.335.
