590.090. Suspension of a license, when, procedure. - Missouri Statutes

Suspension of a license, when, procedure.

590.090. 1. The director shall have cause to suspend immediately thepeace officer license of any licensee who:

(1) Is under indictment for, is charged with, or has been convictedof the commission of any felony;

(2) Is subject to an order of another state, territory, the federalgovernment, or any peace officer licensing authority suspending or revokinga peace officer license or certification; or

(3) Presents a clear and present danger to the public health orsafety if commissioned as a peace officer.

2. At any time after the filing of a disciplinary complaint pursuantto section 590.080, if the director determines that probable cause existsto suspend immediately the peace officer license of the subject of thecomplaint, the director may, without notice or hearing, issue an emergencyorder suspending such license until final determination of the disciplinarycomplaint. Such order shall state the probable cause for the suspensionand shall be served upon the licensee by certified mail at the licensee'saddress of record pursuant to subdivision (2) of subsection 3 of section590.130*. Proof of refusal of the licensee to accept delivery or theinability of postal authorities to deliver such certified mail shall beevidence that required notice has been given. The director shall alsonotify the chief executive officer of any law enforcement agency currentlycommissioning the officer. The director shall have authority to dissolvean emergency order of suspension at any time for any reason.

3. A licensee subject to an emergency order of suspension maypetition the administrative hearing commission for review of the director'sdetermination of probable cause, in which case the administrative hearingcommission shall within five business days conduct an emergency hearing,render its decision, and issue findings of fact and conclusions of law.Sworn affidavits or depositions shall be admissible on the issue ofprobable cause and may be held sufficient to establish probable cause. Theadministrative hearing commission shall have no authority to stay orterminate an emergency order of suspension without a hearing pursuant tothis subsection. Findings and conclusions made in determining probablecause for an emergency suspension shall not be binding on any party in anyproceeding pursuant to section 590.080.

4. Any party aggrieved by a decision of the administrative hearingcommission pursuant to this section may appeal to the circuit court of ColeCounty as provided in section 536.100, RSMo.

(L. 2001 H.B. 80)

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