590.080. Discipline of peace officers, grounds--complaint filed, hearing. - Missouri Statutes

Discipline of peace officers, grounds--complaint filed, hearing.

590.080. 1. The director shall have cause to discipline any peaceofficer licensee who:

(1) Is unable to perform the functions of a peace officer withreasonable competency or reasonable safety as a result of a mentalcondition, including alcohol or substance abuse;

(2) Has committed any criminal offense, whether or not a criminalcharge has been filed;

(3) Has committed any act while on active duty or under color of lawthat involves moral turpitude or a reckless disregard for the safety of thepublic or any person;

(4) Has caused a material fact to be misrepresented for the purposeof obtaining or retaining a peace officer commission or any license issuedpursuant to this chapter;

(5) Has violated a condition of any order of probation lawfullyissued by the director; or

(6) Has violated a provision of this chapter or a rule promulgatedpursuant to this chapter.

2. When the director has knowledge of cause to discipline a peaceofficer license pursuant to this section, the director may cause acomplaint to be filed with the administrative hearing commission, whichshall conduct a hearing to determine whether the director has cause fordiscipline, and which shall issue findings of fact and conclusions of lawon the matter. The administrative hearing commission shall not considerthe relative severity of the cause for discipline or any rehabilitation ofthe licensee or otherwise impinge upon the discretion of the director todetermine appropriate discipline when cause exists pursuant to thissection.

3. Upon a finding by the administrative hearing commission that causeto discipline exists, the director shall, within thirty days, hold ahearing to determine the form of discipline to be imposed and thereaftershall probate, suspend, or permanently revoke the license at issue. If thelicensee fails to appear at the director's hearing, this shall constitute awaiver of the right to such hearing.

4. Notice of any hearing pursuant to this chapter or section may bemade by certified mail to the licensee's address of record pursuant tosubdivision (2) of subsection 3 of section 590.130*. Proof of refusal ofthe licensee to accept delivery or the inability of postal authorities todeliver such certified mail shall be evidence that required notice has beengiven. Notice may be given by publication.

5. Nothing contained in this section shall prevent a licensee frominformally disposing of a cause for discipline with the consent of thedirector by voluntarily surrendering a license or by voluntarily submittingto discipline.

6. The provisions of chapter 621, RSMo, and any amendments thereto,except those provisions or amendments that are in conflict with thischapter, shall apply to and govern the proceedings of the administrativehearing commission and pursuant to this section the rights and duties ofthe parties involved.

(L. 2001 H.B. 80)

*Section 590.130 was repealed by H.B. 80, 2001.