Grounds for Refusal, Revocation or Suspension of Certification

PURPOSE: This rule identifies the grounds available to the division for refusing to issue a certificate, or for revoking or suspending any certificate that has been issued. (1) The Missouri Workers’ Safety Program may refuse to issue or renew any certificate for failures to comply with the requirements set out in 8 CSR 50-7.070 and 8 CSR 507.080. The Missouri Workers’ Safety Program shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his/her right to file an appeal with the Labor and Industrial Relations Commission. AUTHORITY: sections 287.123 and 287.650, RSMo Supp. 1993.* Emergency rule filed July 7, 1994, effective July 17, 1994, expired Nov. 13, 1994. Emergency rule filed Oct. 24, 1994, effective Nov. 14, 1994, expired March 13, 1995. Original rule filed July 8, 1994, effective Jan. 29, 1995. *Original authority: 287.123, RSMo 1993 and 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993. 8 CSR 50-7.100 Public Complaint Handling and Disposition Procedure PURPOSE: This rule establishes a procedure for the receipt, handling and disposition of public complaints. (1) The Missouri Workers’ Safety Program shall receive and process, as appropriate, any complaint made against any certificate holder, registered applicant or other individual entity which alleges certain acts or practices which may constitute one (1) or more violations of the Missouri Workers’ Compensation Law. Complaints received from sources outside Missouri shall be processed in the same manner as those that originate within Missouri. The division director or any division staff member may file a complaint pursuant to this rule in the manner as any member of the public. (2) Complaints should be mailed or delivered to the following address: Missouri Workers’ Safety Program, P.O. Box 58, Jefferson City, MO 65102. Complaints may be based upon personal knowledge or beliefs based on information received from other sources. (3) All complaints should be made in writing and shall fully identify the complainant by name and address. (4) Each complaint received under this rule will be maintained by the division. The complaint file shall contain a record of each complainant’s name and address; the subject(s) of the complaint; the date each complaint is received by the division; a brief statement of the complaint, including the name of any person injured or victimized by the alleged acts or practices; a notation whether the complaint resulted in dismissal by the division or formal charges being filed with the Missouri Department of Insurance or the division director; and the ultimate disposition of the complaint. (5) Each complaint received under this rule shall be acknowledged in writing. (6) This rule should not be deemed to limit the Missouri Workers’ Safety Program’s authority to file any complaint with the Missouri Department of Insurance or the division director charging a certificate holder of any unlawful conduct or violation. The complaint filed by the division shall not be limited to the acts charged in a public complaint. (7) The division interprets this rule to exist for the benefit of those members of the public who submit complaints to the division. This rule does not create any cause of action for certificate holders against those filing complaints with the division. AUTHORITY: sections 287.123 and 287.650, RSMo Supp. 1993.* Emergency rule filed July 7, 1994, effective July 17, 1994, expired Nov. 13, 1994. Emergency rule filed Oct. 24, 1994, effective Nov. 14, 1994, expired March 13, 1995. Original rule filed July 8, 1994, effective Jan. 29, 1995. *Original authority: 287.123, RSMo 1993 and 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993.