1. 1. The board may refuse to issue any certificate of registration or authority, permit or license required pursuant to this chapter for one or any combination of causes stated in subsection 2 of this section. The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of the applicant's right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo.

2. 2. The board may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any certificate of registration or authority, permit or license required by this chapter or any person who has failed to renew or has surrendered the person's certificate of registration or authority, permit or license for any one or any combination of the following causes:

   1. (1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to perform the work of any profession licensed or regulated by this chapter;
   2. (2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated pursuant to this chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed;
   3. (3) Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, permit or license issued pursuant to this chapter or in obtaining permission to take any examination given or required pursuant to this chapter;
   4. (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;
   5. (5) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed or regulated by this chapter;
   6. (6) Violation of, or assisting or enabling any person to violate, any provision of this chapter, or of any lawful rule or regulation adopted pursuant to this chapter;
   7. (7) Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use his or her certificate of registration or authority, permit, license or diploma from any school;
   8. (8) Disciplinary action against the holder of a license or other right to practice any profession regulated by this chapter granted by another state, territory, federal agency, or country upon grounds for which revocation or suspension is authorized in this state;
   9. (9) A person is finally adjudged insane or incompetent by a court of competent jurisdiction;
   10. (10) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by this chapter who is not registered and currently eligible to practice pursuant to this chapter;
   11. (11) Issuance of a certificate of registration or authority, permit or license based upon a material mistake of fact;
   12. (12) Failure to display a valid certificate or license if so required by this chapter or any rule promulgated pursuant to this chapter;
   13. (13) Violation of any professional trust or confidence;
   14. (14) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed.
3. 3. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2, for disciplinary action are met, the board may, singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the board deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license, certificate, or permit.

(L. 1943 p. 955 § 14911n, A.L. 1967 p. 428, A.L. 1977 S.B. 100, A.L. 1981 S.B. 16, A.L. 1996 H.B. 1110)

CROSS REFERENCE:

Administrative procedure and review, Chap. 536, RSMo

(1961) Prohibition held proper remedy to prevent hearing on charges designed to authorize revocation of license of accountant where such charges would not be sufficient to authorize revocation and where the suspension of the license would cause irreparable injury. State ex rel. Wilson v. Missouri State Board of Accountancy (A.), 351 S.W.2d 483.

(1961) Where the defendant was convicted of failing to file a federal income tax return in the federal court, he was not convicted of a misdemeanor, an essential element of which is dishonesty or fraud, within the meaning of this statute. Consequently his license could not be revoked for such reason. State ex rel. Wilson v. Missouri State Board of Accountancy (A.), 351 S.W.2d 483.