327.631. Refusal to issue, renew or reinstate license, procedure--grounds for--penalties that council may invoke.

MISSOURI STATUTES AND CODES

327.631. Refusal to issue, renew or reinstate license, procedure--grounds for--penalties that council may invoke.

Refusal to issue, renew or reinstate license, procedure--groundsfor--penalties that council may invoke.

327.631. 1. The board may refuse to issue any license requiredpursuant to section 327.629, or renewal or reinstatement thereof, for oneor any combination of causes stated in subsection 2 of this section. Theboard shall notify the applicant in writing of the reasons for the refusaland shall advise the applicant of his or her right to file a complaint withthe administrative hearing commission as provided by chapter 621, RSMo.

2. The board may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any license required by section 327.629 or any person who hasfailed to renew or has surrendered his or her license for any one or anycombination of the following causes:

(1) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionpursuant to the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions or duties of theprofession regulated pursuant to sections 327.600 to 327.635, for anyoffense an essential element of which is fraud, dishonesty or an act ofviolence, or for any offense involving moral turpitude, whether or notsentence is imposed;

(2) Use of fraud, deception, misrepresentation or bribery in securingany license or authority, permit or license issued pursuant to sections327.600 to 327.635 or in obtaining permission to take any examination givenor required pursuant to sections 327.600 to 327.635;

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

(4) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of the profession regulated by sections 327.600 to 327.635;

(5) Violation of, or assisting or enabling any person to violate, anyprovision of sections 327.600 to 327.635, or of any lawful rule orregulation adopted pursuant to such sections;

(6) Impersonation of any person holding a license or authority,permit or license allowing any person to use his or her certificate ordiploma from any school;

(7) Disciplinary action against the holder of a license or otherright to practice the profession regulated by sections 327.600 to 327.635granted by another state, territory, federal agency, or country upongrounds for which revocation or suspension is authorized in this state;

(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;

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

(10) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed.

3. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapters 536 and 621, RSMo.Upon a finding by the administrative hearing commission that the grounds,provided in subsection 2 of this section, for disciplinary action are met,the board may censure or place the person named in the complaint onprobation on such terms and conditions as the board deems appropriate for aperiod not to exceed five years, or may suspend, for a period not to exceedthree years, or revoke the license.