PURPOSE: This rale establishes a procedure for the receipt, handling and disposition of public complaints by the department.

1. (1) The office will receive and process each complaint made against any licensee, temporary permit holder or unlicensed individual or entity? which complaint alleges certain acts or practices which may constitute one (1) or more violations of the provisions of Chapter 346, RSMo. Any member of the public or the profession, or any federal, state or local official may make and file a complaint with the department. Complaints from sources outside Missouri will be received and processed in the same manner as those originating within Missouri. No member of the council shall file a complaint with this division while s/he holds that office, unless that member excuses him/ herself from further council deliberations or activity concerning matters alleged within that complaint. The executive director or any staff member of the division may file a complaint pursuant to this rule in the same manner as any member of the public.
2. (2) Complaints should be mailed or delivered to the following address: Council for Hearing 4id Dealers and Fitters, 3605 Missouri Boulevard, P.O. Box 1335, Jefferson City, MO 65102. 1335. However, actual receipt of the complaint by the administrative offices in any manner shall be sufficient. Complaints may be made based upon personal knowledge or upon information and belief, reciting information received from other sources,
3. (3) All complaints shall be made in writing and shall fully identify the complainant by name and address. Complaints may be made on forms provided by the office and available upon request. Oral or telephone communication will not be considered or processed as complaints, but the person making this communication will be provided with a complaint form and requested to complete it in writing and return it to the office. Any member of the administrative staff may make and file a complaint based upon information and belief, in reliance upon oral, telephone or written communication received by the office, unless that staffmember believes that communication to be false.
4. (4) Each complaint received under this rule shall be logged in a book maintained by the office for that purpose. Complaints shall be logged in consecutive order as received. The logbook shall contain a record of each complainant’s name and address; the name and address of the subjects of the complaints, the date each complaint is received by the department; 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 whether the complaint resulted in its dismissal by the division or in formal charges being filed with the Administrative Hearing Commission and the ultimate disposition of the complaint. This logbook shall be a closed record of the division.
5. (5) Each complaint received under this rule shall be acknowledged in writing. The complainant shall be informed in writing as to whether the complaint is being investigated and later as to whether the complaint is being dismissed by the division or is being referred to legal counsel for filing with the Administrative Hearing Commission. 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 department. The provisions of this section shall not apply to complaints filed by staff members of the division based on information and belief, acting in reliance on third-party information received by the division.

6. (6) Both the complaint and any information obtained as a result of the investigation shall be considered a closed record and shall not be available for inspection by the general public. However, a copy of the complaint and any attachments, in the discretion of the division, may be provided to any licensee who is the

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subject of that complaint or his/her legal counsel, upon written request to the office. (7) This rule shall not be deemed to limit the department’s authority to file a complaint with the Administrative Hearing Commission charging a licensee or temporary permit holder of the department with any actionable conduct or violation, whether or not the complaint exceeds the scope of the acts charged in a preliminary public complaint filed with the division and whether or not any public complaint has been filed with the division. , -\ (8) The department interprets this rule, which is required by law, to exist for the benefit of those members of the public who submit complaints to the division and for those persons or entities within the legislative and executive branches of government having supervisory or other responsibilities or control over the professional licensing boards. This rule is not deemed to protect or inure to the benefit of those licensees, temporary permit holders or other persons against whom the division has instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of Chapter 346, RSMo. , ’ Auth: sections 346.115(8), RSMo (1986) and 620.010.15(6), RSMo (Cum. Supp. 1990).* Original rule filed Feb. 9, 1982, effectiue May 13, 1982. Amended: Filed March 1, 1984, effective July 12, 1984. Amended: Filed May 17, 1989, effective July 27, 1989. Amended: Filed Aug. 3, 1992, effectiue April 8,1993. *Original authority: 346.115@), RSMo (19731, amended 1981 and 620.010.15(6),RSMo (19731, amended 1981,1983,1986,1989,1990.

Judith K. Moriarty _- Secretaly of state

Chapter L-General Rules

4 CSR X0-2.071 Fees

PURPOSE: This rule establishes and fixes the various fees and charges authorized by Chapters 346 and 610, RSMo.

1. (1) The following fees are established by the Department of Economic Development:

   1. (A) Temporary Permit Fee $ 50.00;
   2. (El) Temporary Permit Extension Fee
   3. (C) Examination Fee
   4. (D) Reexamination Fee
   5. (E) License Fee
   6. (F) Reciprocity License Fee
   7. (G) Renewal Fee
   8. (H) Renewal Penalty Fee (up to days)
   9. (I) Renewal Penalty Fee (up to 2 years)
   10. (J) Duplicate Certificate Fee and
   11. (K) Computer Printout Fee $ 5.00.
2. (2) All fees are nonrefundable.

3. (3) The following miscellaneous fees for certain services rendered by the Council for Hearing Aid Dealers and Fitters are established as follows:

   1. (A) Photocopy Fee (public records) Council for Hearing Aid Dealers $ 0.25; and Fitters (per page)
   2. (B) Document Search Fee (public records) Council for Hearing Aid Dealers and Fitters (per hour) $ 20.00; $ 5.00; with a minimum fee of
   3. (C) Access Fee (public records maintained on computer facilities, recording tapes or discs, video tapes or films, pictures, slides, graphics, illustrations or similar audio or visual items or devices. Actual cost of reproduction plus document search fee.) (per hour) with a minimum fee of and
   4. (D) Payment of any copying fees and search fees may be required before any information will be provided.

4. (4) The provisions of this rule are declared severable. If any fee fixed by 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

   Auth: sections 346.115 and 610.010- 610.030, RSMo (1986).* Emergency rule filed March 24, 1982, effective April 3, 1982, expired Aug. 1,1982. Original rule filed March 24, 1982, effective July 11,

   Judith #. Moriarty 4CSR 160-2

1982. Amended: Filed May 26, 1988, effective Sept. 11, 1988. Amended: Filed May 17,1989, effective July 27,1989. *Original authority: 346.115, RSMo (f973), amended 1981; 610.010, RSMo (19731, amended 1977, 1978, 1982, 1987; 610.011, RSMo (1967); 610.015, RSMo (1973), amended 1987; 610.020, RSMo (I973), amended 1982, 1987; 1X0.021- 610.026, RSMo (1987); 610.027, RSMo (19821, amended 1987. 1990: 610.028. RSMo 119821. amended 198i; and’ 610.030; RSMo i1973j; amended 1982.