256.480. Complaints, board shall investigate, procedures--board may issue order, powers--appeal of order or action of board. - Missouri Statutes

Complaints, board shall investigate, procedures--board may issueorder, powers--appeal of order or action of board.

256.480. 1. Any person may bring a complaint alleging aviolation of sections 256.450 to 256.483 or the rules promulgatedthereunder. The board shall investigate all complaints broughtto its attention, and in connection therewith may employinvestigators, expert witnesses and hearing officers and conducthearings to determine whether disciplinary action should betaken.

2. A person filing a complaint shall make the complaint inwriting, swear to be the person making the charges, and shallfile the complaint with the secretary of the board. Any personwho reports or provides information to the board in good faith isnot subject to an action for civil damages by the board. Theboard shall hear all charges, except those which the boarddetermines are unfounded or unsupported by the evidence.

3. A copy of the complaint, together with notice settingforth the charge or charges to be heard and the time and place ofthe hearing, shall be served by the secretary of the board uponany person, firm or corporation against which charges are filed.The complaint shall be conveyed by registered mail to the lastknown address of the person, firm or corporation subject to thecomplaint.

4. The board shall have the authority to subpoena witnessesand compel their attendance and to require the production ofbooks, papers, reports, documents, and similar material inconnection with any investigation or hearing conducted by theboard. Any member of the board may administer oaths or affirm towitnesses appearing before the board. If any witness refuses toobey the subpoena or refuses to testify or to produce evidence asauthorized, the board may petition the circuit court to issuesuch subpoena and compel such attendance and production.

5. If the board determines that a person, firm orcorporation is engaged in an act or practice in violation ofsections 256.450 to 256.483 or the rules promulgated thereunder,the board may issue a temporary order directing the recipient tocease and desist such act or practice, or directing the recipientto take specified actions necessary to comply with sections256.450 to 256.483. The recipient of the order may request ahearing on the matter within fifteen days after receipt of thetemporary order. The temporary order shall remain in effectuntil a final order is issued following such hearing, and shallbecome final after fifteen days, if no hearing is requested. Anyperson aggrieved by a final order of the board may appeal theorder to the administrative hearing commission in the mannerprovided in section 621.120, RSMo.

6. If the board determines the activities of a registeredgeologist present an imminent danger to public health, safety orwelfare, the board may issue an order for the immediate andtemporary suspension of the geologist's certificate ofregistration for a period of up to thirty days. Any person whoseregistration has been suspended under this subsection may requesta hearing on the matter within fifteen days after receipt of theorder of suspension.

7. The board may request that the attorney general seek aninjunction to restrain any violation of sections 256.450 to256.483.

8. Any person aggrieved by a final order or action of theboard imposing sanctions or other actions under sections 256.450to 256.483 may, after exhausting any administrative remediesprovided under sections 256.450 to 256.483 and section 621.120,RSMo, appeal such decision or action as provided in sections536.100 to 536.140, RSMo.

(L. 1994 S.B. 649)