Disciplinary Proceedings

PURPOSE: This rule describes the board’s procedure for the investigation of a complaint or referral and stipulates the conduct of disciplinary hearings upon receipt of a ruling from the Administrative Hearing Commission that a licensee has violated Chapter 344, RSMo. (1) Upon receipt of a complaint or referral, the board shall investigate the actions of the licensee against whom the complaint is made. In conducting an investigation, the board, in its discretion, may request the licensee under investigation to answer the charges made against him/her in writing, and to produce relevant documentary evidence and may request him/ her to appear before the board. A copy of any written answer of the licensee may be furnished to the complainant. (2) Upon final ruling by the Administrative Hearing Commission that the acts of a licensee constitute a violation of the licensure law or these rules, the board shall proceed to revoke or suspend the license of the offending licensee or take other authorized action as it shall deem appropriate. (3) After the hearing, the board, singly or in combination, may censure or place the licensee on probation on terms and conditions as the board deems appropriate. These conditions may include, but shall not be limited to, satisfactory completion of certain educational requirements, passage of a written examination of the type given to applicants for licensure, making personal appearances before and periodic reports to the board, and restitution of money or property. AUTHORITY: section 344.070, RSMo Supp. 1993.* This rule was previously filed as 13 CSR 73-2.105. Original rule filed Oct. 4, 1988, effective March 15, 1989. Moved to 19 CSR 73-2.105, effective March 3, 2003. *Original authority: 344.070, RSMo 1969, amended 1979, 1993.