301.562. License suspension, revocation, refusal to renew--procedure--grounds--complaint may be filed, when. - Missouri Statutes

License suspension, revocation, refusal torenew--procedure--grounds--complaint may be filed, when.

301.562. 1. The department may refuse to issue or renew any licenserequired pursuant to sections 301.550 to 301.573 for any one or anycombination of causes stated in subsection 2 of this section. Thedepartment shall notify the applicant or licensee in writing at his or herlast known address of the reasons for the refusal to issue or renew thelicense and shall advise the applicant or licensee of his or her right tofile a complaint with the administrative hearing commission as provided bychapter 621, RSMo.

2. The department may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any license issued under sections 301.550 to 301.573 for anyone or any combination of the following causes:

(1) The applicant or license holder was previously the holder of alicense issued under sections 301.550 to 301.573, which license was revokedfor cause and never reissued by the department, or which license wassuspended for cause and the terms of suspension have not been fulfilled;

(2) The applicant or license holder was previously a partner,stockholder, director or officer controlling or managing a partnership orcorporation whose license issued under sections 301.550 to 301.573 wasrevoked for cause and never reissued or was suspended for cause and theterms of suspension have not been fulfilled;

(3) The applicant or license holder has, within ten years prior tothe date of the application, been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a prosecution under thelaws of any state or of the United States, for any offense reasonablyrelated to the qualifications, functions, or duties of any businesslicensed under sections 301.550 to 301.573; for any offense, an essentialelement of which is fraud, dishonesty, or an act of violence; or for anyoffense involving moral turpitude, whether or not sentence is imposed;

(4) Use of fraud, deception, misrepresentation, or bribery insecuring any license issued pursuant to sections 301.550 to 301.573;

(5) Obtaining or attempting to obtain any money, commission, fee,barter, exchange, or other compensation by fraud, deception, ormisrepresentation;

(6) Violation of, or assisting or enabling any person to violate anyprovisions of this chapter and chapters 144, 306, 307, 407, 578, and 643,RSMo, or of any lawful rule or regulation adopted pursuant to this chapterand chapters 306, 307, 407, 578, and 643, RSMo;

(7) The applicant or license holder has filed an application for alicense which, as of its effective date, was incomplete in any materialrespect or contained any statement which was, in light of the circumstancesunder which it was made, false or misleading with respect to any materialfact;

(8) The applicant or license holder has failed to pay the properapplication or license fee or other fees required pursuant to this chapteror chapter 306, RSMo, or fails to establish or maintain a bona fide placeof business;

(9) Uses or permits the use of any special license or license plateassigned to the license holder for any purpose other than those permittedby law;

(10) The applicant or license holder is finally adjudged insane orincompetent by a court of competent jurisdiction;

(11) Use of any advertisement or solicitation which is false;

(12) Violations of sections 407.511 to 407.556, RSMo, section578.120, RSMo, which resulted in a conviction or finding of guilt orviolation of any federal motor vehicle laws which result in a conviction orfinding of guilt.

3. Any such complaint shall be filed within one year of the date uponwhich the department receives notice of an alleged violation of anapplicable statute or regulation. After the filing of such complaint, theproceedings shall be conducted in accordance with the provisions of chapter621, RSMo. Upon a finding by the administrative hearing commission thatthe grounds, provided in subsection 2 of this section, for disciplinaryaction are met, the department may, singly or in combination, refuse toissue the person a license, issue a private reprimand, place the person onprobation on such terms and conditions as the department deems appropriatefor a period of one day to five years, suspend the person's license fromone day to six days, or revoke the person's license for such period as thedepartment deems appropriate. The applicant or licensee shall have theright to appeal the decision of the administrative hearing commission anddepartment in the manner provided in chapter 536, RSMo.

4. Upon the suspension or revocation of any person's license issuedunder sections 301.550 to 301.573, the department shall recall anydistinctive number plates that were issued to that licensee.

(L. 1988 H.B. 1512 § 7, A.L. 1993 S.B. 35, A.L. 1997 H.B. 207, A.L. 2004 H.B. 1259 merged with S.B. 1233, et al., A.L. 2009 H.B. 683)

*Rulemaking authority, effective when, null and void, when, see RSMo 301.003.