Complaints

PURPOSE: This rule requires that a complaint against a licensee be in writing on forms provided by the commission. The commission may initiate a complaint on its own motion. (1) A complaint against a licensee shall be in writing setting forth in clear and concise language the alleged violation, on forms provided by the commission, sworn to by the person making the complaint and submitted to the commission. Upon its own motion, the commission may initiate a complaint against a licensee. (2) Each complaint received under this rule will be logged and maintained by the commission. The log will contain a record of each complainant’s name and address (if given), the name and address of the subject(s) of the complaint, the date each complaint is received by the commission, a notation whether the complaint resulted in its dismissal by the commission or in formal charges being filed with the Administrative Hearing Commission, and the final disposition of the complaint. The log shall be a closed record of the commission. (3) Each complaint received under this rule shall be acknowledged in writing to the complainant (if known). The complainant (if known) shall be notified of the final disposition of the complaint. (4) This rule shall not be deemed to limit the commission’s authority to file a complaint with the Administrative Hearing Commission charging a licensee with any actionable conduct or violation, whether any complaint exceeds the scope of the acts charged in a preliminary complaint filed with the commission and whether any complaint has been filed with the commission. (5) The commission interprets this rule to exist for the benefit of those members of the public who submit complaints to the commission. This rule is not deemed to protect or benefit those licensees, or other persons against whom the commission has instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of Chapter 339, RSMo. AUTHORITY: sections 339.120, RSMo 2000 and 620.010.15(6), RSMo Supp. 2001.* This rule originally filed as 4 CSR 250-9.010. Original rule filed Nov. 14, 1978, effective Feb. 11, 1979. Amended: Filed March 16, 1988, effective July 1, 1988. Amended: Filed Feb. 2, 1994, effective Aug. 28, 1994. Amended: Filed June 28, 2002, effective Dec. 30, 2002. Moved to 20 CSR 2250-9.010, effective Aug. 28, 2006. *Original authority: 339.120, RSMo 1941, amended 1963, 1967, 1981, 1988, 1993 and 620.010.15(6), RSMo 1973, amended 1981, 1983, 1986, 1989, 1990, 1993.