PURPOSE: This rule establishes procedures pursuant to section 620.010.15(6), RSMo for the receipt, handling and disposition of public complaints by the commission.

1. (1) The commission will receive and process each complaint made against any licensee, applicant or registrant of the commission or any unlicensed individual or entity which alleges acts or practices which may constitute one (1) or more violations of the provisions of sections 301.550—301.572, RSMo. Any member of the public or the industry or any federal, state or local official may file a complaint with the commission. Complaints received from sources outside Missouri will be processed in the same manner as those originating within Missouri. No member of the commission may file a complaint with this commission while holding that office unless the member is excused from further deliberation or activity concerning the matters alleged in that complaint. Any commission staff person may file a complaint in the same manner as any member of the public.

2. (2) Delivery of Complaints.

   1. (A) Complaints shall be mailed or delivered to the following address: Missouri Motor Vehicle Commission, P.O. Box 43, Jefferson City, MO 65102.
   2. (B) Actual receipt of the complaint by the commission at its administrative offices in any manner shall be sufficient. Complaints may be based upon personal knowledge or upon information and belief, citing information from other sources.
3. (3) All complaints shall be in writing and shall fully identify the complainant by name and address. Oral telephone communications will not be considered or processed as complaints but the person calling will be asked to supplement those communications with a written statement.
4. (4) Each complaint received under this rule will be maintained by the commission in a log. The log will contain a record of each complainant’s name and address, the name and address of the subject(s) of the complaint, the date each complaint is received by the commission, a brief statement of the acts complained of, including the name of any person injured or victimized by the alleged acts or practices, a notation as to whether the complaint resulted in its dismissal by the commission, the ultimate disposition of the complaint and any other information designated by the commission. This log shall be a closed record of the commission.
5. (5) Each complaint shall be acknowledged in writing. The complainant shall be notified of the ultimate disposition of the complaint.
6. (6) This rule shall not limit the commission’s authority to take action against a licensee or registrant or applicant of the commission for conduct which violates these rules or the provisions of sections 301.520—301.550, RSMo, whether or not the commission action exceeds the scope of the acts charged in a preliminary complaint filed with the commission and whether or not any complaint has been filed with the commission.
7. (7) The commission interprets this rule, which is required by law, to exist for the benefit of members of the public who submit complaints to the commission. This rule is not deemed to protect or inure to the benefit of those licensees, applicants, registrants or other persons against whom the commission has instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of sections 301.550—301.572, RSMo.
8. (8) Each person who provides information to or otherwise participates in the operation of the commission, including those filing complaints, shall be immune from civil liability for those acts so long as the acts were performed in good faith, without malice and were reasonably related to the scope of inquiry of the commission.

AUTHORITY: section 301.553, RSMo (Cum. Supp. 1990).* Original rule filed July 10, 1989, effective Sept. 28, 1989. *Original authority 1988, amended 1989, 1993.