340.272. Complaint for expedited hearing, when--hearing, decision, when--temporary authority final, when. - Missouri Statutes

Complaint for expedited hearing, when--hearing, decision,when--temporary authority final, when.

340.272. 1. If the board, after notice and hearing,concludes that a person has committed an act or is engaging in acourse of conduct which would be grounds for disciplinary actionunder section 340.264 and such act or course of conductconstitutes a clear and present danger to the public health,safety or welfare, the board may file a complaint before theadministrative hearing commission requesting an expedited hearingand specifying the activities which give rise to the danger andthe nature of the proposed restriction or suspension of theperson's license.

2. The administrative hearing commission shall conduct apreliminary hearing within fifteen days after service of acomplaint pursuant to subsection 1 of this section, to determinewhether the alleged activities appear to constitute a clear andpresent danger to the public health, safety or welfare whichjustifies that the person's license be immediately restricted orsuspended. The administrative hearing commission shall issue itsdecision immediately after the hearing and either grant the boardthe authority to suspend or restrict the license or dismiss theaction.

3. If the administrative hearing commission grants theboard temporary authority to restrict or suspend the license, thetemporary authority shall become final if the person does notrequest a full hearing within thirty days of the preliminaryhearing. If the person requests a full hearing, theadministrative hearing commission shall set a date for thehearing pursuant to chapter 621, RSMo.

(L. 1992 H.B. 878 § 36)