Complaint Handling and Disposition

PURPOSE: This rule establishes a procedure for the receipt, handling, and disposition of complaints involving private investigators and private fire investigators. (1) The Division of Professional Registration, in coordination with the Board of Private Investigator and Private Fire Investigator Examiners, will receive and process each complaint made against any licensee, unlicensed individual, or entity, in which the complaint alleges certain acts or practices may constitute one (1) or more violations of provisions of sections 324.1100–324.1148, RSMo, or the administrative rules involving private investigators or private fire investigators. Any division staff member or board member may file a complaint pursuant to this rule in the same manner as any member of the public. (2) Complaints may be mailed or delivered to the following address: Board of Private Investigator and Private Fire Investigator Examiners, 3605 Missouri Boulevard, PO Box 1335, Jefferson City, MO 65102. However, actual receipt of the complaint by the board at its administrative offices in any manner shall be sufficient. Complaints may be based upon personal knowledge, upon information and belief, or reciting information received from other sources. (3) All complaints shall be made in writing. Oral or telephone communications will not be considered or processed as complaints, but the person making those communications will be asked to supplement such communications with a complaint. Information received in accordance with this section may be reduced to a complaint by the executive director. (4) Each complaint received under this rule will be logged and maintained by the board. 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 is received by the board; a brief statement concerning the alleged acts or practices; a notation indicating the complaint was closed by the board or a disciplinary action was filed with the Administrative Hearing Commission; and the ultimate disposition of the complaint. This log shall be a closed record of the board. (5) Each complaint received according to this rule shall be acknowledged in writing. The complainant and the subject of the complaint shall be notified in writing 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 complaint filed with the board. (7) This rule exists for the benefit of those members of the public who submit complaints to the board. This rule is not deemed to protect or inure to the benefit of those licensees or other persons against whom the board has instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of sections 324.1100– 324.1148, RSMo. AUTHORITY: sections 324.002 and 324.1138, RSMo Supp. 2013.* Original rule filed June 26, 2009, effective Jan. 30, 2010. Amended: Filed Sept. 13, 2013, effective March 30, 2014. *Original authority: 324.002, RSMo 2008 and 324.1138, RSMo 2007.