346.125. Board, duties.

MISSOURI STATUTES AND CODES

Board, duties.

346.125. 1. The board shall:

(1) Issue and renew permits, licenses, and certificates ofregistration or authority;

(2) License persons who apply to the board and who are qualified toengage in the practice of fitting hearing instruments;

(3) Obtain facilities necessary to carry out the examination ofapplicants as provided in section 346.035;

(4) Receive and process complaints;

(5) Review all complaints, authorize investigations wherein there isa possible violation of sections 346.010 to 346.250 or regulationspromulgated pursuant thereto, and make recommendations to the divisionregarding any filing with the administrative hearing commission;

(6) Recommend for prosecution any person who has violated anyprovisions of sections 346.010 to 346.250 to an appropriate prosecutingattorney or circuit attorney;

(7) Make and publish rules not inconsistent with the laws of thisstate which are necessary to carry out the provisions of sections 346.010to 346.250. Such rules shall be filed in the office of the secretary ofstate in accordance with chapter 536, RSMo. Any rule or portion of a rule,as that term is defined in section 536.010, RSMo, that is created under theauthority delegated in this section shall become effective only if itcomplies with and is subject to all of the provisions of chapter 536, RSMo,and, if applicable, section 536.028, RSMo. This section and chapter 536,RSMo, are nonseverable and if any of the powers vested with the generalassembly pursuant to chapter 536, RSMo, to review, to delay the effectivedate, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2009, shall be invalid and void;

(8) Adopt and publish a code of ethics;

(9) Set the amount of the fees authorized under this chapter andrequired by rules promulgated under chapter 536, RSMo. The board shall setfees which reflects the cost and expense of administering this chapter;

(10) Establish an official seal;

(11) Provide an examination for applicants. The board may obtain theservices of specially trained and qualified persons or organizations toassist in developing or conducting examinations;

(12) Review the examination results of applicants for licensure;

(13) Determine the appropriate educational requirements, as definedby division rule, for any applicant desiring to be registered as a permitholder, a hearing instrument specialist, or a supervisor;

(14) Follow the provisions of the division's administrative practicesand procedures in conducting all official duties.

2. The chairperson or vice chairperson shall have power to administeroaths and to subpoena witnesses to require attendance and testimony and torequire production of documents and records, and to that end the board mayinvoke the aid of the circuit court of any county of the state havingjurisdiction over the witness, and any failure to obey the order of thecourt may be punished by the court as a contempt thereof.