Cause to Discipline Corporate Security Advisor Licensee

PURPOSE: This rule identifies the causes of discipline for a corporate security advisor licensee. (1) The director shall have cause to discipline any corporate security advisor licensee who— (A) Is unable to perform the functions of a corporate security advisor with reasonable competency or reasonable safety as a result of a mental condition, including alcohol or substance abuse; (B) Tests positive for the presence of unlawful drugs; (C) Has committed any criminal offense, whether or not a criminal charge has been filed; (D) Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public or any person; (E) Has caused a material fact to be misrepresented for the purpose of obtaining or retaining a corporate security advisor license issued pursuant to 11 CSR 75-18.010; (F) Has had a peace officer’s license or security license revoked by any jurisdiction; (G) Has violated a condition of any order of probation lawfully issued by the director; or (H) Has violated a rule promulgated pursuant to section 590.750, RSMo. (2) When the director has knowledge of cause to discipline a corporate security advisor pursuant to this rule, the director may cause a complaint to be filed with the administrative hearing commission, which shall conduct a hearing to determine whether the director has cause for discipline, and which shall issue findings of fact and conclusions of law on the matter. The Administrative Hearing Commission shall not consider the relative severity of the cause for discipline or any rehabilitation of the licensee or otherwise impinge upon the discretion of the director to determine appropriate discipline when cause exists pursuant to this section. (3) Upon a finding by the Administrative Hearing Commission that cause to discipline exists, the director shall, within thirty (30) days, hold a hearing to determine the form of discipline to be imposed and thereafter shall probate, suspend, or permanently revoke the license at issue. If the licensee fails to appear at the director’s hearing, this shall constitute a waiver of the right to such hearing. (4) Notice of any hearing pursuant to this chapter or section may be made by certified mail to the licensee’s address of record pursuant to 11 CSR 75-18.010(8). Proof of refusal of the licensee to accept delivery or the inability of postal authorities to deliver such certified mail shall be evidence that required notice has been given. Notice may be given by publication. (5) Nothing contained in this section shall prevent a licensee from informally disposing of a cause for discipline with the consent of the director by voluntarily surrendering a license or by voluntarily submitting to discipline. The voluntary surrender of a corporate security advisor’s license shall be permanent. (6) The provisions of chapter 621 and any amendments thereto shall apply to and govern the proceedings of the Administrative Hearing Commission and pursuant to this section the rights and duties of the parties involved. AUTHORITY: section 590.750, RSMo Supp. 2014.* Original rule filed Feb. 2, 2015, effective Sept. 30, 2015. *Original authority: 590.750, RSMo 2014.