PURPOSE: This rule defines the procedures to be used in contested case hearings to determine whether a disciplinary order or agreement imposed under section 332.321, RSMo has been violated.

1. (1) Whenever it shall appear to the board that a term or condition of a disciplinary order imposed by the board or agreed to by the licensee has been violated, the procedures for determining whether cause exists for the board to impose additional disciplinary sanctions, if any, are as set forth in this rule.

2. (2) A post-disciplinary order proceeding shall be commenced by the board’s filing of a Statement of Charges against the licensee. The Statement of Charges shall contain, at a minimum:

   1. (A) A short and plain statement of the alleged facts constituting a violation of a term or condition of the licensee’s disciplinary order or agreement; and
   2. (B) The specific term or condition of the disciplinary order or agreement violated.
3. (3) Upon receiving a Statement of Charges, the executive director shall send, by certified 20 CSR 2110-2

mail, a copy of the Statement of Charges and a Notice of Hearing to the licensee at his/her last address known by the board at least twenty (20) days prior to the hearing date. The notice shall contain the time, date and place of the post-disciplinary order hearing.

1. (4) Discovery shall be as provided by Chapter 536, RSMo unless the parties agree otherwise. The procedures for taking depositions shall be the same as provided by Missouri Supreme Court rules for civil cases.
2. (5) Upon the request of either party, the executive director shall issue subpoenas and, in a proper case, subpoenas duces tecum. The procedure for the issuance of subpoenas shall be the same rules as those of the Administrative Hearing Commission.
3. (6) The post-disciplinary order hearing shall be held at the time, date and place specified in the notice unless otherwise continued by agreement, or upon timely motion, if this motion be granted. The hearing shall be conducted in accordance with the provisions of Chapter 536, RSMo. The presiding officer of the hearing shall be the president of the board or, in his/her absence, another member of the board. The presiding officer shall rule upon motions and the admissibility of evidence. The presiding officer may be assisted by a legal advisor of the board’s choice. Any board member shall be entitled to inquire of any witness.
4. (7) After the hearing, the board may require the filing of suggested findings of fact and conclusions of law and briefs.
5. (8) If the board determines from the evidence that a violation of a term or condition of a disciplinary order or agreement has occurred, it shall proceed to impose other disciplinary sanctions as provided by section 332.321, RSMo and 4 CSR 110-2.160.
6. (9) The provisions of this rule are declared severable. If any provision of this rule is held invalid by a court of competent jurisdiction, the remaining provisions of this rule shall remain in full force and effect, unless otherwise determined by a court of competent jurisdiction to be invalid.

AUTHORITY: section 332.031, RSMo 1986.* This rule originally filed as 4 CSR 110-2.161. Original rule filed April 16, 1985, effective Aug. 26, 1985. Moved to 20 CSR 2110-2.161, effective Aug. 28, 2006.

*Original authority: 332.031, RSMo 1969, amended 1981. FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION