Complaint Handling and Disposition Procedure

PURPOSE: To establish the procedures for the filing and handling of complaints against licensees and political subdivisions. (1) Any person, entity, or political subdivision may file a complaint with the division alleging violation of the statewide electrical contractor statutes or the regulations promulgated thereunder. Complaints must be filed on complaint forms provided by the division. Each complaint shall contain the name and address of the person making the complaint, the name, address, and license number (if known) of the licensee, a brief statement of the complaint, and any additional information the complainant wishes to provide for the division to consider in its review of the complaint. (2) Any licensee, person, entity, or political subdivision may file a complaint with the division alleging that a political subdivision failed to recognize a statewide license in lieu of a local license for the purposes of performing contracting work or obtaining permits to perform work within the political subdivision. These complaints must be filed on forms provided by the division and shall contain the name, address, and contact information of the person making the complaint; the name, address, and a contact person (if known) of the political subdivision against whom the complaint is filed, a brief statement of the facts supporting the violation, and any additional information for the division to consider in its review of the complaint. (3) Anonymous complaints will not be accepted. (4) Any division staff or investigator may file a complaint against either a licensee or a political subdivision. (5) The division shall receive complaints by mail to PO Box 1335, 3605 Missouri Boulevard, Jefferson City, MO, 65102-1335, by fax to 573-751-6301, by email to OSEC@pr.mo.gov, by personal delivery, or other means of delivery. (6) Each complaint and the information contained in the complaint received by the division will be logged in a database maintained by the division. This database shall be a closed record of the division. (7) Each complaint received under this rule shall be acknowledged in writing. The division shall notify the complainant as to the final outcome of the complaint be it dismissal, discipline, or other action. If the final disposition is any type of order or agreement, the division will provide access of that final order or agreement to the complainant. (8) Upon receipt of a complaint, the division shall investigate each complaint. Each complaint will be sent to the person or entity against whom violations are alleged and that person or entity will be given a reasonable time to make a written response to the division. The division may conduct any additional investigation, in its discretion, deemed necessary to determine whether there is cause for discipline or further action. AUTHORITY: sections 324.910 and 324.940, RSMo Supp. 2017, and section 324.925, RSMo Supp. 2018.* Original rule filed Dec. 14, 2018, effective June 30, 2019. *Original authority: 324.910, RSMo 2017; 324.925, RSMo 2017, amended 2018; and 324.940, RSMo 2017.