PURPOSE: This rule establishes the procedure for receipt, handling, and disposition of public complaints by the board.
- (1) The State Board of Barber Examiners shall receive and process each complaint made in writing against any licensee, permit (registration) holder, registrant of the board, or unlicensed individual or entity, which alleges certain acts or practices that may constitute one (1) or more violations of the provisions of Chapter 328, RSMo. Any member of the public or the profession, or any federal, state, or local official may file a complaint with the board. Complaints from sources outside Missouri will be received and processed in the same manner as those originating in Missouri. The board, executive director, or any staff member of the board may file a complaint pursuant to this rule. No member of the board shall file a complaint with this division while they hold that office, unless the member excuses him/herself from further board deliberations or activity concerning matters alleged in that complaint.
- (2) Complaints may be made based upon personal knowledge or upon information and belief, reciting information received from other sources. All complaints shall be in writing, signed, and shall fully identify the nature of the complaint including the name and address of complainant. Unsigned communications of any sort will not be considered or processed. However, the person making this communication will be provided with a complaint form and requested to complete it and return it to the board.
- (3) Complaints may be made on forms provided by the board and are available upon request. Complaints shall be mailed or delivered to the following address: State Board of 20 CSR 2060-1
Barber Examiners, 3605 Missouri Boulevard, PO Box 1335, Jefferson City, MO 65102. Telephone number (573) 751-0805. TDD number (800) 735-2966.
- (4) Each complaint received under this rule shall be acknowledged in writing. The complainant shall be notified of the ultimate disposition of the complaint, excluding judicial appeals, and shall be provided with copies of the decisions (if any) of the Administrative Hearing Commission and the board. The provisions of this section shall not apply to complaints filed by staff members of the board based on information and belief, acting in reliance on third-party information received by the board.
- (5) Each complaint received under this rule shall be logged and maintained by the board for that purpose. The log shall 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 was received by the board; a brief statement of the acts complained of; a notation whether the complaint resulted in its closure by the board or formal charges being filed with the Administrative Hearing Commission; and the ultimate disposition of the complaint. This log shall be a closed record of the board.
AUTHORITY: sections 328.060.2, and 328.150.2, RSMo 1994.*This rule originally filed as 4 CSR 60-4.030. This rule previously filed as 4 CSR 60-1.015. Original rule filed Nov. 12, 1997, effective May 30, 1998. Moved to 20 CSR 2060-1.015, effective Aug. 28, 2006.
*Original authority: 328.060.2, RSMo 1939, amended 1949, 1981 and 328.150.2, RSMo 1939, amended 1951, 1981.