PURPOSE: This rule implements sections 301.562.2. and 301.562.3, RSMo and establishes procedures for disciplinary actions, including the issuing of a reprimand, probation, suspension and revocation.

1. (1) Authority to investigate potential violanons of applicable statutes and rules by a licensee will be delegated by the commission to the executive director and staff members. The staff may conduct an investigation or other review pursuant to a complaint or based upon other information received from any source indicating a possible violation. The staff and the executive director will then consult as to the results of the investigation and jointly arrive at a recommendation for appropriate disciplinary action, if a violation is found to have occurred.
2. (2) Should the executive director, commission staff, or both, elect to pursue disciplinary action against the licensee, a hearing will be held before a hearing officer designated by the commission. Any decision to pursue disciplinary action shall be subject to approval of a majority of the commissioners. The licensee shall receive written notice that the hearing is to take place. The hearing shall not take place prior to thirty (30) days after the date the written notice is issued. The notice shall contain-
3. (A) The charges alleged against the licensee;
4. (B) The possible penalties which may be imposed;
5. (C) The date and time of the hearing;
6. (D) The place of the hearing; and
7. (E) A statement that the party charged may be represented by legal counsel.
8. (3) Notice of the hearing date, time and place will be forwarded to all parties involved. One
9. (I) postponement for good cause may be allowed to the next available docket if the request for postponement is received six (6) days prior to the scheduled hearing date. If the request is not received within six (6) days of the scheduled hearing date, a continuance may be granted at the discretion of the hearing officer.

10. (4) Hearing procedures include the following possible actions and requirements:

    1. (A) Parties may present evidence and utilize affidavits to the extent permissible under Chapter 536, RSMo;
    2. (B) Parties may subpoena or require the attendance of witnesses at their own expense and witnesses are subject to cross-examination by the opposing party;
    3. (C) Hearings will be suitably recorded and preserved and transcripts of the hearing will be furnished at the expense of the requesting party; and
    4. (D) All original hearings will be held before a bearing officer.
11. (5) The hearing officer shall have the right to issue subpoenas as provided in section 536.077, RSMo. Failure of any licensee to appear at any scheduled hearing without good cause shall constitute a waiver of the right to appear and confront witnesses.
12. (6) Any licensee who fails to comply with a subpoena to appear as a witness is subject to disciplinary action.
13. (7) All other proceedings pertaining to the hearing shall be substantially the same as provided in sections 536.060-536.095, RSMo.
14. (8) Subsequent to the hearing, but not later than ninety (90) days after the hearing, the commission hearing officer will enter his/her final decision separately stating Findings of Fact and Conclusions of Law.The commission, immediately upon the hearing officer’s decision, shall give written notice of the decision by mailing that notice to each party, or his/her attorney of record, and upon request shall furnish him/her with a copy of the decision, order, Findings of Fact and Conclusions of Law. Division CO-Motor Vehicle Commission
15. (9) Any interested party in a disciplinary action may appeal from a final decision of the hearing officer by making an application for review within twenty (20) days from the date of the decision with the commission. A form to be used in making an application has been promulgated by the commission and is available upon request. The applicant for review is not required to use the promulgated form, provided his/her application sets forth information in regard to the case and decision which s/he seeks to have reviewed, and his/ her reasons for making the application for a review of the evidence. Review by the commission will be conducted according to the procedure described in 12 CSR 60-4.080. The commission may also elect to review any final decision of the hearing officer on its own motion.
16. (10) Unless appealed from or reviewed by the commission on its own motion, the decision of the hearing officer shall become the final decision of the commission thirty (30) days after the date of the decision.
17. (11) The final decision of the commission may be appealed pursuant to the provisions of section 536.100, RSMo. Auth: section 301.553, RSMo (Cum. Supp. 1989).* Original rule filed July 10, 1989, effective Sept. 28, 1989. Amended: Filed April 18, 1990, effective June 28, 1990. Amended: Filed Aug. 11, 1993, effective Jan. 31,1994. *Original euthority 1988, unended 1989.