HOUSE BILL NO. 1623 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SASSMANN.
4055H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapters 324 and 331, RSMo, by adding thereto two new sections relating to emergency suspensions or restrictions of certain professional licenses.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 324 and 331, RSMo, are amended by adding thereto two new 2 sections, to be known as sections 324.263 and 331.084, to read as follows: 324.263. 1. The board may apply to the administrative hearing commission for 2 an emergency suspension or restriction of a license issued under sections 324.240 to 3 324.275 if: 4 (1) The holder of the license is the subject of a pending criminal indictment, 5 criminal information, or other criminal charge related to the duties and responsibilities 6 of the licensed occupation; and 7 (2) There is reasonable cause for the board to believe that the public health, 8 safety, or welfare is at imminent risk of harm from the holder of the license. 9 2. The board shall submit to the administrative hearing commission supporting 10 affidavits and certified court records, together with a complaint alleging the facts in 11 support of the board's request for an emergency suspension or restriction of a license, 12 and shall supply the administrative hearing commission with the last home or business 13 addresses on file with the board for the licensee. Within one business day of the filing of 14 the complaint, the administrative hearing commission shall return a service packet to 15 the board. The service packet shall include the board's complaint and any affidavits or 16 records the board intends to rely on that have been filed with the administrative hearing 17 commission. The service packet may contain other information in the discretion of the
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1623 2
18 administrative hearing commission. Within twenty-four hours of receiving the packet, 19 the board shall either personally serve the licensee the service packet or leave a copy of 20 the service packet at all of the licensee's current addresses on file with the board. 21 3. Within five days of the board's filing of the complaint, the administrative 22 hearing commission shall review the information submitted by the board and shall issue 23 its findings of fact and conclusions of law. If the administrative hearing commission 24 finds that there is reasonable cause for the board to believe that the public health, safety, 25 or welfare is at imminent risk of harm from the holder of the license, the administrative 26 hearing commission shall enter the order requested by the board. The order shall be 27 effective upon personal service or by leaving a copy at all of the licensee's current 28 addresses on file with the board. 29 4. (1) The administrative hearing commission shall hold an evidentiary hearing 30 on the record within forty-five days of the board's filing of the complaint, or upon final 31 adjudication of any criminal charges filed against the licensee, as appropriate, to 32 determine if cause for discipline exists under the provisions of sections 324.240 to 33 324.275 and to determine whether the initial order entered by the commission shall 34 continue in effect. Prior to the hearing, the licensee may file affidavits and certified 35 court records for consideration by the administrative hearing commission. The 36 administrative hearing commission may grant a request for a continuance but shall in 37 any event hold the hearing within one hundred twenty days of the board's initial filing. 38 The board shall be granted leave to amend its complaint if it is more than thirty days 39 prior to the hearing, or within thirty days prior to the hearing upon a showing of good 40 cause. 41 (2) If no cause for discipline is found following an evidentiary hearing, the 42 administrative hearing commission shall issue findings of fact, conclusions of law, and 43 an order terminating the commission's initial order imposing an emergency suspension 44 or restriction of the license. 45 (3) If the administrative hearing commission finds cause for discipline following 46 an evidentiary hearing, the commission shall issue findings of fact and conclusions of 47 law and order the emergency suspension or restriction to remain in full force and effect 48 pending a disciplinary hearing before the board. The board shall hold a hearing 49 following the certification of the record by the administrative hearing commission and 50 may impose discipline otherwise authorized by state law. 51 5. Any action under this section shall be in addition to and not in lieu of any 52 discipline otherwise in the board's power to impose and may be brought concurrently 53 with other actions. HB 1623 3
54 6. If the administrative hearing commission does not grant an initial order 55 imposing an emergency suspension or restriction of the license as described in 56 subsection 3 of this section, the board shall remove all reference to such emergency 57 suspension or restriction from its public records. 331.084. 1. The board may apply to the administrative hearing commission for 2 an emergency suspension or restriction of a license issued under this chapter if: 3 (1) The holder of the license is the subject of a pending criminal indictment, 4 criminal information, or other criminal charge related to the duties and responsibilities 5 of the licensed occupation; and 6 (2) There is reasonable cause for the board to believe that the public health, 7 safety, or welfare is at imminent risk of harm from the holder of the license. 8 2. The board shall submit to the administrative hearing commission supporting 9 affidavits and certified court records, together with a complaint alleging the facts in 10 support of the board's request for an emergency suspension or restriction of a license, 11 and shall supply the administrative hearing commission with the last home or business 12 addresses on file with the board for the licensee. Within one business day of the filing of 13 the complaint, the administrative hearing commission shall return a service packet to 14 the board. The service packet shall include the board's complaint and any affidavits or 15 records the board intends to rely on that have been filed with the administrative hearing 16 commission. The service packet may contain other information in the discretion of the 17 administrative hearing commission. Within twenty-four hours of receiving the packet, 18 the board shall either personally serve the licensee the service packet or leave a copy of 19 the service packet at all of the licensee's current addresses on file with the board. 20 3. Within five days of the board's filing of the complaint, the administrative 21 hearing commission shall review the information submitted by the board and shall issue 22 its findings of fact and conclusions of law. If the administrative hearing commission 23 finds that there is reasonable cause for the board to believe that the public health, safety, 24 or welfare is at imminent risk of harm from the holder of the license, the administrative 25 hearing commission shall enter the order requested by the board. The order shall be 26 effective upon personal service or by leaving a copy at all of the licensee's current 27 addresses on file with the board. 28 4. (1) The administrative hearing commission shall hold an evidentiary hearing 29 on the record within forty-five days of the board's filing of the complaint, or upon final 30 adjudication of any criminal charges filed against the licensee, as appropriate, to 31 determine if cause for discipline exists under the provisions of this chapter and to 32 determine whether the initial order entered by the commission shall continue in effect. 33 Prior to the hearing, the licensee may file affidavits and certified court records for HB 1623 4
34 consideration by the administrative hearing commission. The administrative hearing 35 commission may grant a request for a continuance but shall in any event hold the 36 hearing within one hundred twenty days of the board's initial filing. The board shall be 37 granted leave to amend its complaint if it is more than thirty days prior to the hearing, 38 or within thirty days prior to the hearing upon a showing of good cause. 39 (2) If no cause for discipline is found following an evidentiary hearing, the 40 administrative hearing commission shall issue findings of fact, conclusions of law, and 41 an order terminating the commission's initial order imposing an emergency suspension 42 or restriction of the license. 43 (3) If the administrative hearing commission finds cause for discipline following 44 an evidentiary hearing, the commission shall issue findings of fact and conclusions of 45 law and order the emergency suspension or restriction to remain in full force and effect 46 pending a disciplinary hearing before the board. The board shall hold a hearing 47 following the certification of the record by the administrative hearing commission and 48 may impose discipline otherwise authorized by state law. 49 5. Any action under this section shall be in addition to and not in lieu of any 50 discipline otherwise in the board's power to impose and may be brought concurrently 51 with other actions. 52 6. If the administrative hearing commission does not grant an initial order 53 imposing an emergency suspension or restriction of the license as described in 54 subsection 3 of this section, the board shall remove all reference to such emergency 55 suspension or restriction from its public records. ✔
Statutes affected: