Effective - 28 Aug 2020, 3 histories
324.436. Refusal to issue, renew or reinstate certificate, when — complaint filed, procedure. — 1. The division may refuse to issue any certificate required pursuant to sections 324.400 to 324.439, or renew or reinstate any such certificate, for any one or any combination of the reasons stated in subsection 2 of this section. The division shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of the person's right to file a complaint with the administrative hearing commission as provided in chapter 621.
2. The division may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621 against any holder of a certificate of registration required by sections 324.400 to 324.439 or any person who has failed to renew or has surrendered the person's certificate of registration for any one or combination of the following reasons:
(1) 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, or of any country, for any offense directly related to the duties and responsibilities of the occupation, as set forth in section 324.012, regardless of whether or not sentence is imposed;
(2) Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration issued pursuant to sections 324.400 to 324.439 or in obtaining permission to take any examination given or required pursuant to sections 324.400 to 324.439;
(3) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;
(4) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of the profession regulated by sections 324.400 to 324.439;
(5) Violation of, or assisting or enabling any person to violate, any provision of sections 324.400 to 324.439, or of any lawful rule or regulation adopted pursuant to such sections;
(6) Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use the person's certificate or diploma from any school;
(7) Disciplinary action against the holder of a certificate of registration or other right to perform the profession regulated by sections 324.400 to 324.439 granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;
(8) A person is finally adjudged insane or incompetent by a court of competent jurisdiction;
(9) Issuance of a certificate of registration based upon a material mistake of fact;
(10) 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, as it relates to the interior design profession.
3. After the filing of a complaint pursuant to subsection 2 of this section, the proceedings shall be conducted in accordance with the provisions of chapter 536 and chapter 621. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the division shall censure or place the person named in the complaint on probation for a period not to exceed five years or may suspend the person's certificate for a period not to exceed three years or may revoke the person's certificate of registration.
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(L. 1998 H.B. 1601, et al. § 13, A.L. 2018 H.B. 1719 merged with S.B. 843, A.L. 2020 H.B. 2046)
Structure Missouri Revised Statutes
Title XXII - Occupations and Professions
Chapter 324 - Occupations and Professions General Provisions
Section 324.002 - Complaint procedure to be established by boards and commissions.
Section 324.005 - Licensure reciprocity for military members and personnel, when.
Section 324.009 - Licensure reciprocity — definitions — requirements — inapplicability, when.
Section 324.010 - No delinquent taxes, condition for renewal of certain professional licenses.
Section 324.013 - Age, denial of licensure, prohibited, when.
Section 324.014 - License status, change in to be reported to current employer by licensing body.
Section 324.015 - Fees, waiver of, when — definitions — procedure — rulemaking authority.
Section 324.017 - Disclosure of complaints, requirements.
Section 324.021 - Appointments to boards, affirmative action required.
Section 324.022 - Rulemaking authority.
Section 324.024 - Applications to contain Social Security numbers, exceptions.
Section 324.026 - Orientation program for appointees required, purpose.
Section 324.028 - Forfeiture of membership on board or council for missing meetings.
Section 324.029 - Felony conviction not a bar to licensure, when.
Section 324.031 - Collection and deposit of fees, requirements.
Section 324.035 - Continuing education, use of occupational fees prohibited, when — exceptions.
Section 324.036 - Fee collection, accounting, and deposit, division may contract for services.
Section 324.038 - Issuance of license subject to probation permitted, when, procedure.
Section 324.039 - Classification created for licensees removing themselves from licensing system.
Section 324.041 - Testing positive for a controlled substance, presumption of illegal possession.
Section 324.042 - Additional discipline permitted, when.
Section 324.045 - Default decision entered, when — set aside, when — good cause defined.
Section 324.050 - Occupational therapy practice act — definitions.
Section 324.059 - Exceptions to licensing requirements.
Section 324.063 - Missouri board of occupational therapy, members, terms, removal.
Section 324.065 - Board duties, meetings, compensation — rules, procedure.
Section 324.068 - Division of professional registration duties.
Section 324.071 - Application for a license — certification, when.
Section 324.074 - Missouri board of occupational therapy fund created.
Section 324.077 - Limited permit issued, when.
Section 324.080 - Renewal notice sent, when — inactive status granted, when.
Section 324.086 - Refusal to issue license, when — notification of applicant — complaint procedure.
Section 324.087 - Occupational Therapy Licensure Compact.
Section 324.089 - Violations of sections 324.050 to 324.089.
Section 324.125 - Clinical perfusionist licensure act.
Section 324.128 - Definitions.
Section 324.130 - Application eligibility, when.
Section 324.133 - License by examination.
Section 324.136 - Application procedure, fees, qualifications.
Section 324.139 - Competency examination, notification of results.
Section 324.141 - License displayed prominently at location of practice.
Section 324.147 - Issuance of a license by the board, when — provisional license, when.
Section 324.150 - Waiver of examination and education requirements by the board, when.
Section 324.156 - Exceptions to requirements of sections 324.125 to 324.183.
Section 324.159 - Board duties.
Section 324.162 - Complaints filed with the board, information file kept, contents.
Section 324.165 - Board, rules adopted, when — disposition of complaints, procedure.
Section 324.168 - Compliance with licensing requirements, rules by the board.
Section 324.180 - Commission meetings, when — quorum.
Section 324.183 - Promulgation of rules by the board, limitations.
Section 324.200 - Dietitian practice act — definitions.
Section 324.205 - Title of licensed dietitian, use permitted, when — penalty.
Section 324.207 - Practice of medicine prohibited, when.
Section 324.210 - Qualifications of applicant for licensure — examination required, exception.
Section 324.212 - Applications for licensure, fees — renewal notices — dietitian fund established.
Section 324.215 - Issuance of license, when — reciprocity — reexamination, limitations.
Section 324.220 - Authority of division.
Section 324.225 - Insurance reimbursement for services not mandated.
Section 324.228 - Rulemaking authority — nonseverability, when.
Section 324.240 - Definitions.
Section 324.243 - Board of therapeutic massage, members, terms, meetings, removal, compensation.
Section 324.245 - Authority of board — rulemaking — massage therapy fund.
Section 324.250 - Massage business, issuance of licenses, when — renewal — posting required.
Section 324.252 - Massage business licenses, nontransferable and nonassignable.
Section 324.255 - Survey inspections, when.
Section 324.257 - Report of inspection findings, deficiencies — complaint.
Section 324.260 - Complaints against massage business or therapist, procedure.
Section 324.267 - Criminal background check authorized, cost.
Section 324.272 - Preemption clause.
Section 324.273 - Duties of division.
Section 324.275 - Violation — penalty.
Section 324.400 - Definitions.
Section 324.403 - Title of registered interior designer, use, when.
Section 324.406 - Interior design council created, members, terms, removal for cause.
Section 324.409 - Qualifications for registration.
Section 324.412 - Powers and duties of division — rulemaking.
Section 324.415 - Applications for registration, form — penalties.
Section 324.418 - Certificate of registration, renewal.
Section 324.421 - Waiver of examination, when.
Section 324.424 - Fees — interior designer council fund, use.
Section 324.427 - Unlawful use of title of registered interior designer.
Section 324.430 - Designation as registered interior designer prohibited, when.
Section 324.433 - Right to use title, nontransferable.
Section 324.439 - Violation — penalty.
Section 324.475 - Definitions.
Section 324.478 - Missouri acupuncturist advisory committee created, duties, members, terms.
Section 324.481 - Duties of board — rulemaking authority — acupuncturist fund created, use of.
Section 324.484 - Persons exempt from licensing requirements.
Section 324.487 - Qualifications for licensure.
Section 324.490 - Expiration of licenses.
Section 324.493 - Restoration of license, procedure.
Section 324.496 - Authority of the board — complaints, procedure — limitation of liability.
Section 324.499 - Violations, penalty — right to sue.
Section 324.520 - Definitions — tattooing, branding, body piercing, prohibited, when, penalty.
Section 324.522 - Licensing required, when — rulemaking authority.
Section 324.524 - Tattoo fund.
Section 324.526 - Temporary license issued, when.
Section 324.700 - Definitions.
Section 324.703 - License required for persons engaged in the business of housemoving.
Section 324.706 - License issued, when.
Section 324.709 - Effective date of license — annual renewal.
Section 324.712 - Certificate of insurance required.
Section 324.721 - Obstructions to be removed and replaced at expense of housemover.
Section 324.724 - Alternate route used, when.
Section 324.727 - No house in highway right-of-way without permission.
Section 324.730 - Visibility and unsafe weather conditions, restrictions on move.
Section 324.733 - Voiding of permit, when.
Section 324.736 - Local ordinances complied with, moves on municipal streets.
Section 324.739 - Speed of moves, limitations.
Section 324.742 - Violations, penalty.
Section 324.745 - Severability clause — applicability exceptions.
Section 324.900 - Definitions.
Section 324.910 - Rulemaking authority — duties of division.
Section 324.915 - Work exempt from statutory requirements, when.
Section 324.930 - Missouri electrical industry licensing fund created.
Section 324.945 - Violations, penalties.
Section 324.1100 - Definitions.
Section 324.1103 - Duties of division.
Section 324.1104 - Prohibited acts.
Section 324.1106 - Persons deemed not to be engaging in private investigation business.
Section 324.1107 - Private fire investigation, deemed not engaging in, when.
Section 324.1108 - Application for licensure, contents — qualifications.
Section 324.1110 - Licensure requirements.
Section 324.1112 - Denial of a request for licensure, when.
Section 324.1116 - Agency hiring criteria.
Section 324.1118 - Licensure required — prohibited acts.
Section 324.1120 - Supervision of agency employees required, when.
Section 324.1122 - Continuing education requirements.
Section 324.1124 - Form of license, contents — posting requirements.
Section 324.1130 - Records to be maintained — required filings.
Section 324.1132 - Advertising requirements.
Section 324.1136 - Record-keeping requirements — investigatory powers of the board.
Section 324.1138 - Rulemaking authority.
Section 324.1142 - Falsification of required information, penalties.
Section 324.1144 - Reciprocity.
Section 324.1146 - Licensure of law enforcement officers, qualifications.
Section 324.1147 - Civil and criminal liability, no immunity, when.