209.334. Refusal to issue or renew license, grounds, complaint procedure--reinstatement procedure.

MISSOURI STATUTES AND CODES

209.334. Refusal to issue or renew license, grounds, complaint procedure--reinstatement procedure.

Refusal to issue or renew license, grounds, complaintprocedure--reinstatement procedure.

209.334. 1. The committee may refuse to issue or renew any licenserequired by the provisions of sections 209.319 to 209.339 for one or anycombination of causes stated in subsection 2 of this section. Thecommittee shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of his or her right to file acomplaint with the administrative hearing commission as provided by chapter621, RSMo.

2. The committee may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any license required by sections 209.319 to 209.339 or anyperson who has failed to renew or has surrendered his license for any oneor any combination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo,or alcoholic beverage to an extent that such use impairs a person's abilityto engage in the occupation of interpreting;

(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions or duties of aninterpreter, for any offense an essential element of which is fraud,dishonesty or an act of violence, whether or not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securingany license issued pursuant to the provisions of sections 209.319 to209.339 or in obtaining permission to take any examination given orrequired pursuant to the provisions of sections 209.319 to 209.339;

(4) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;

(5) Incompetency, misconduct, fraud, misrepresentation or dishonestyin the performance of the functions or duties of interpreting;

(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 209.319 to 209.339, or of any lawful rule orregulation adopted pursuant to sections 209.319 to 209.339;

(7) Impersonation of any person holding a license or allowing anyperson to use his or her license or certification;

(8) Discipline of a license or other right to practice interpretinggranted by another state, territory, federal agency or country upon groundsfor which discipline is authorized in this state;

(9) Discipline of a certification issued by the Missouri commissionfor the deaf and hard of hearing or any other certifying body upon groundsfor which discipline is authorized in this state if the licensee was givennotice and an opportunity to be heard before the certification wasdisciplined;

(10) A person is finally adjudged incapacitated by a court ofcompetent jurisdiction;

(11) Assisting or enabling any person to practice or offer topractice interpreting who is not licensed and currently eligible topractice under the provisions of sections 209.319 to 209.339;

(12) Issuance of a license based upon a material mistake of fact;

(13) Violation of any professional trust or confidence;

(14) Failure to display or present a valid license if so required bysections 209.319 to 209.339 or any rule promulgated pursuant thereto.

3. Any person, organization, association or corporation who reportsor provides information to the committee pursuant to the provisions ofsections 209.319 to 209.339 and who does so in good faith shall not besubject to an action for civil damages as a result thereof.

4. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that the grounds, providedin subsection 2 of this section, for disciplinary action are met, thecommittee may singly or in combination, censure or place the person namedin the complaint on probation on such terms and conditions as the committeedeems appropriate for a period not to exceed five years, or may suspend,for a period not to exceed three years, or revoke the license.

5. In any order of revocation, the committee may provide that theperson may not apply for reinstatement of his license for three years afterthe revocation.

6. Before restoring to good standing a license issued pursuant tosections 209.319 to 209.339 which has been revoked, suspended or inactivefor any cause, the committee shall require the applicant to submit to thecommittee, verification, from the Missouri commission for the deaf that theapplicant has a current certification which qualifies that person forlicensure.