Complaint Handling and Disposition

PURPOSE: This rule establishes a procedure for the receipt, handling and disposition of public complaints pursuant to the mandate of section 620.010.15(6), RSMo. (1) The Division of Professional Registration, in coordination with the office, will receive and process each complaint made against any holder of a certificate of authority in which the complaint alleges certain acts or practices that may constitute one (1) or more violations of provisions of sections 214.270–214.516, RSMo, or administrative rules. Any division staff member may file a complaint pursuant to this rule in the same manner as any member of the public. (2) Complaints shall be mailed or delivered to the following address: Office of Endowed Care Cemeteries, 3605 Missouri Boulevard, PO Box 1335, Jefferson City, MO 65102. (3) All complaints shall be made in writing on a form provided by the division and shall fully identify the complainant by name and address. Verbal or telephone communication will not be considered or processed as complaints, however, the person making such communication will be asked to supplement the communication with a written complaint. Complaints may be based upon personal knowledge, or upon information and belief, reciting information received from other sources. Individuals with special needs, as addressed by the Americans with Disabilities Act, may notify the office at (573) 751-0849 for assistance. The text for the hearing impaired is (800) 735-2966. (4) Each complaint received under this rule will be logged and maintained by the division. The log will contain a record of each complainant’s name, the name and address of the subject(s) of the complaint, the date each complaint was received by the division/office, a brief statement concerning the alleged acts or practices, and the ultimate disposition of the complaint. This log shall be a closed record of the committee. (5) Each complaint received under this rule shall be acknowledged in writing. The complainant and licensee shall be notified of the ultimate disposition of the complaint. (6) This rule shall not be deemed to limit the authority to file a complaint with the Administrative Hearing Commission charging the licensee with any actionable conduct or violation, whether or not such a complaint exceeds the scope of the acts charged in a preliminary public complaint filed with the office. (7) The division interprets this rule, which is required by law, to exist for the benefit of those members of the public who submit complaints to the office. This rule is not deemed to protect or inure the benefit of those licensees or other persons against whom the office has instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of sections 214.270–214.516, RSMo. AUTHORITY: section 214.392, RSMo 2016.* This rule originally filed as 4 CSR 65-1.050. Original rule filed April 14, 2000, effective Oct. 30, 2000. Moved to 20 CSR 2065-1.050, effective Aug. 28, 2006. Amended: Filed May 11, 2018, effective Nov. 30, 2018. *Original authority: 214.392, RSMo 1994, amended 2001, 2010.