621.100. Complaints--notice--agency may retain counsel--affidavit regarding licensee's status, procedure.

MISSOURI STATUTES AND CODES

621.100. Complaints--notice--agency may retain counsel--affidavit regarding licensee's status, procedure.

Complaints--notice--agency may retain counsel--affidavit regardinglicensee's status, procedure.

621.100. 1. Upon receipt of a written complaint from an agency namedin section 621.045 in a case relating to a holder of a license granted bysuch agency, or upon receipt of such complaint from the attorney general,the administrative hearing commission shall cause a copy of said complaintto be served upon such licensee in person or by certified mail, togetherwith a notice of the place of and the date upon which the hearing on saidcomplaint will be held. If service cannot be accomplished in person or bycertified mail, notice by publication as described in subsection 3 ofsection 506.160, RSMo, shall be allowed; any commissioner is authorized toact as a court or judge would in that section, and any employee of thecommission is authorized to act as a clerk would in that section. In anycase initiated upon complaint of the attorney general, the agency whichissued the license shall be given notice of such complaint and the dateupon which the hearing will be held by delivery of a copy of such complaintand notice to the office of such agency or by certified mail. Such agencymay intervene and may retain the services of legal counsel to represent itin such case.

2. In any case initiated under this section, the custodian of therecords of an agency may prepare a sworn affidavit stating truthfullypertinent information regarding the license status of the licensee chargedin the complaint, including only: the name of the licensee; his licensenumber; its designated date of expiration; the date of his originalMissouri licensure; the particular profession, practice or privilegelicensed; and the status of his license as current and active or otherwise.This affidavit shall be received as substantial and competent evidence ofthe facts stated therein notwithstanding any objection as to the form,manner of presentment or admissibility of this evidence, and shall create arebuttable presumption of the veracity of the statements therein; provided,however, that the procedures specified in section 536.070, RSMo, shallapply to the introduction of this affidavit in any case where the status ofthis license constitutes a material issue of fact in the proof of the causecharged in the complaint.