Disciplinary Action

PURPOSE: This rule outlines the disciplinary action process. (1) The department may cause an investigation to be made upon receipt of information concerning alleged violations of sections 256.600 to 256.640, RSMo, and implementing regulations or any standard, limitation, or order pursuant thereto and may cause to be made any other investigations consistent with the purposes of sections 256.600 to 256.640, RSMo. (2) If an investigation discloses that a violation of sections 256.600 to 256.640, RSMo, or implementing regulations exists, the department may issue an order requiring the remediation or abatement of the specified condition(s). The order will specify the violations of sections 256.600 to 256.640, RSMo, or implementing regulations or any standard, limitation, or order pursuant thereto or any term or condition violated. (3) As a condition of any disciplinary action or order, the department will specify corrective actions and require that those actions be scheduled so that department staff can be present while the specified corrections are performed. (4) A suspended permittee may be reinstated after the department approves that the terms and conditions, upon which the suspension order was based, have been corrected. The reinstated permittee may be placed on a period of probation as determined by the department. (5) A permittee who has had a permit revoked may reapply for a permit pursuant to 10 CSR 23-1.050 as a new applicant and provide performance bond or irrevocable letter of credit pursuant to section 256.616, RSMo. The department will determine whether the person should be issued a new permit. In no case will a new permit be issued sooner than one (1) year after the revocation has taken effect. AUTHORITY: sections 256.606, 256.623, 256.626, 256.630, and 621.250, RSMo 2016.* Emergency rule filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended: Filed Sept. 14, 2006, effective March 30, 2007. Amended: Filed Jan. 11, 2013, effective Aug. 30, 2013. Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 256.606, RSMo 1991; 256.623, RSMo 1985, amended 1991; 256.626, RSMo 1985, amended 1991; 256.630, RSMo 1985, amended 1991; and 621.250, RSMo 2005, amended 2008, 2011, 2012, 2013, 2015.