374.755. Complaint by department, procedure--grounds--disciplinary action--alternate procedure--additional remedy.

MISSOURI STATUTES AND CODES

374.755. Complaint by department, procedure--grounds--disciplinary action--alternate procedure--additional remedy.

Complaint by department, procedure--grounds--disciplinaryaction--alternate procedure--additional remedy.

374.755. 1. The department may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any license required by sections 374.695 to 374.775 or anyperson who has failed to renew or has surrendered his or her license for anyone or any combination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo, oralcoholic beverage to an extent that such use impairs a person's ability toperform the work of the profession licensed under sections 374.695 to 374.775;

(2) Final adjudication or a plea of guilty or nolo contendere within thepast fifteen years in a criminal prosecution under any state or federal lawfor a felony or a crime involving moral turpitude whether or not a sentence isimposed, prior to issuance of license date;

(3) Use of fraud, deception, misrepresentation or bribery in securingany license or in obtaining permission to take any examination requiredpursuant to sections 374.695 to 374.775;

(4) Obtaining or attempting to obtain any compensation as a member ofthe profession licensed by sections 374.695 to 374.775 by means of fraud,deception or misrepresentation;

(5) Misappropriation of the premium, collateral, or other things ofvalue given to a bail bond agent or a general bail bond agent for the takingof bail, incompetency, misconduct, gross negligence, fraud, ormisrepresentation in the performance of the functions or duties of theprofession licensed or regulated by sections 374.695 to 374.775;

(6) Violation of any provision of or any obligation imposed by the lawsof this state, department of insurance, financial institutions andprofessional registration rules and regulations, or aiding or abetting otherpersons to violate such laws, orders, rules or regulations, or subpoenas;

(7) Transferring a license or permitting another person to use a licenseof the licensee;

(8) Disciplinary action against the holder of a license or other rightto practice the profession regulated by sections 374.695 to 374.789 granted byanother state, territory, federal agency or country upon grounds for whichrevocation or suspension is authorized in this state;

(9) Being finally adjudged insane or incompetent by a court of competentjurisdiction;

(10) Assisting or enabling any person to practice or offer to practicethe profession licensed or regulated by sections 374.695 to 374.789 who is notcurrently licensed and eligible to practice pursuant to sections 374.695 to374.789;

(11) Acting in the capacity of an attorney at a trial or hearing of aperson for whom the attorney is acting as surety;

(12) Failing to provide a copy of the bail contract, renumbered writtenreceipt for acceptance of money, or other collateral for the taking of bail tothe principal, if requested by any person who is a party to the bail contract,or any person providing funds or collateral for bail on the principal'sbehalf.

2. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that one or more of thecauses stated in subsection 1 of this section have been met, the director maysuspend or revoke the license or enter into an agreement for a monetary orother penalty pursuant to section 374.280.

3. In lieu of filing a complaint at the administrative hearingcommission, the director and the bail bond agent or general bail bond agentmay enter into an agreement for a monetary or other penalty pursuant tosection 374.280.

4. In addition to any other remedies available, the director may issue acease and desist order or may seek an injunction in a court of competentjurisdiction pursuant to the provisions of section 374.046 whenever it appearsthat any person is acting as a bail bond agent or general bail bond agentwithout a license or violating any other provisions of sections 374.695 to374.789.