PURPOSE: This rule establishes procedures for review of a license denial or the imposition of discipline.

1. (1) The department shall determine the qualifications of applicants and shall investigate violations of applicable statutes and rules by licensees. Upon a finding of grounds, as set forth in section 301.562, RSMo, the department may refuse to issue or renew a license or may impose disciplinary action on the licensee. Such disciplinary action may include private reprimand, probation for a period of one (1) day to five (5) years, suspension of license from one (1) day to six (6) days or revocation of license. Any decision to refuse licensure or to impose disciplinary action shall be approved by the director or director’s designee.

2. (2) Should a refusal of licensure or the imposition of discipline be deemed appropriate, the department shall issue a written notice thereof by certified mail to the applicant/licensee. The written notice shall contain—

   1. (A) The reason(s) for refusal of licensure or imposition of discipline;
   2. (B) The penalty to be imposed and the effective date thereof; and
   3. (C) A statement of the manner in which the applicant/licensee may request a review of the department’s decision to refuse licensure or impose discipline.

3. (3) A request for review of the department’s decision shall—

   1. (A) Be in writing;
   2. (B) Specifically refer to the notice of refusal/discipline from which review is sought or contain a copy of that notice;
   3. (C) Specifically set forth the reasons(s) for review;
   4. (D) Be signed by the applicant/licensee and set forth the applicant’s/licensee’s current address. All future notices of proceedings pertaining to the request for review shall, unless otherwise specifically changed in writing, be mailed to the address so indicated; and
   5. (E) Be filed with the department in writing within thirty (30) calendar days following issuance of the written notice.
4. (4) The failure of the applicant/licensee to request a review of the department’s decision within the thirty (30) days following issuance of the written notice, or the applicant’s/licensee’s withdrawal of a request for review, shall result in the department’s decision becoming final and shall constitute a waiver by the applicant/licensee of any right to request further review by the department or otherwise.
5. (5) A request for review shall be deemed a request for hearing and shall stay the imposition of discipline pending the director’s final decision. A hearing shall be conducted accordingly unless waived pursuant to 12 CSR 10-26.160.
6. (6) Following hearing, the department shall issue a final decision, separately stating findings of fact and conclusions of law. The final decision shall be in writing and shall be certified mailed to the applicant/licensee and any attorney of record.
7. (7) Except as set forth in section (4) above, the final decision of the department may be appealed pursuant to the provisions of Chapter 536, RSMo.

AUTHORITY: sections 301.553 and 301.562, RSMo Supp. 1998.* Original rule filed Nov. 1, 1999, effective May 30, 2000.

*Original authority: 301.553, RSMo 1988, amended 1989, 1993, 1995, 1997; and 301.562, RSMo 1988; amended 1993, 1997.