Missouri Revised Statutes
Chapter 590 - Peace Officers, Selection, Training and Discipline
Section 590.080 - Discipline of peace officers, grounds — complaint filed, hearing.

Effective - 28 Aug 2001
590.080. Discipline of peace officers, grounds — complaint filed, hearing. — 1. The director shall have cause to discipline any peace officer licensee who:
(1) Is unable to perform the functions of a peace officer with reasonable competency or reasonable safety as a result of a mental condition, including alcohol or substance abuse;
(2) Has committed any criminal offense, whether or not a criminal charge has been filed;
(3) Has committed any act while on active duty or under color of law that involves moral turpitude or a reckless disregard for the safety of the public or any person;
(4) Has caused a material fact to be misrepresented for the purpose of obtaining or retaining a peace officer commission or any license issued pursuant to this chapter;
(5) Has violated a condition of any order of probation lawfully issued by the director; or
(6) Has violated a provision of this chapter or a rule promulgated pursuant to this chapter.
2. When the director has knowledge of cause to discipline a peace officer license pursuant to this section, the director may cause a complaint to be filed with the administrative hearing commission, which shall conduct a hearing to determine whether the director has cause for discipline, and which shall issue findings of fact and conclusions of law on the matter. The administrative hearing commission shall not consider the relative severity of the cause for discipline or any rehabilitation of the licensee or otherwise impinge upon the discretion of the director to determine appropriate discipline when cause exists pursuant to this section.
3. Upon a finding by the administrative hearing commission that cause to discipline exists, the director shall, within thirty days, hold a hearing to determine the form of discipline to be imposed and thereafter shall probate, suspend, or permanently revoke the license at issue. If the licensee fails to appear at the director's hearing, this shall constitute a waiver of the right to such hearing.
4. Notice of any hearing pursuant to this chapter or section may be made by certified mail to the licensee's address of record pursuant to subdivision (2) of subsection 3 of section 590.130*. Proof of refusal of the licensee to accept delivery or the inability of postal authorities to deliver such certified mail shall be evidence that required notice has been given. Notice may be given by publication.
5. Nothing contained in this section shall prevent a licensee from informally disposing of a cause for discipline with the consent of the director by voluntarily surrendering a license or by voluntarily submitting to discipline.
6. The provisions of chapter 621 and any amendments thereto, except those provisions or amendments that are in conflict with this chapter, shall apply to and govern the proceedings of the administrative hearing commission and pursuant to this section the rights and duties of the parties involved.
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(L. 2001 H.B. 80)
*Section 590.130 was repealed by H.B. 80, 2001.
(2019) Section involving grounds for disciplining a peace officer does not violate the separation of powers; the authority given the Administrative Hearing Commission to make a factual determination does not include adjudication of the licensee's criminal liability or imposition of criminal punishment. O'Brien v. Department of Public Safety, 589 S.W.3d 560 (Mo.banc).

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders

Chapter 590 - Peace Officers, Selection, Training and Discipline

Section 590.010 - Definitions.

Section 590.020 - Peace officer license required, when — classes of officers established — no license required, when.

Section 590.030 - Basic training, minimum standards established — age, citizenship and education requirements established by director — issuance of a license — federal Rap Back program, agencies to enroll.

Section 590.040 - Minimum hours of basic training required.

Section 590.050 - Continuing education requirements.

Section 590.060 - Minimum standards for training instructors and centers — licensure of instructors — background check required, when.

Section 590.070 - Commissioning and departure of peace officers, director to be notified — immunity from liability, chief executive officer, when.

Section 590.075 - Candidates for commissioning, chief executive officer to request copy of notifications under 590.070 — certified copy prior to commissioning.

Section 590.080 - Discipline of peace officers, grounds — complaint filed, hearing.

Section 590.090 - Suspension of a license, when, procedure.

Section 590.100 - Denial of an application, when — review process.

Section 590.110 - Investigation of denial of licensure, procedure.

Section 590.118 - Peace officer investigations made available to hiring law enforcement agencies.

Section 590.120 - Peace officer standards and training commission established — members, qualifications, appointment — terms — duties — removal from office — vacancies — chairperson, appointment — rules and regulations, authority.

Section 590.145 - Highway patrol academy fund created — use of funds therein.

Section 590.178 - Peace officer standards and training commission fund established.

Section 590.180 - Licensure status of peace officer inadmissible in determining validity of arrest — open records of peace officers.

Section 590.190 - Rulemaking authority.

Section 590.192 - Critical incident stress management program, purpose — services to be provided — requirements — confidentiality of information — fund created, use of moneys.

Section 590.195 - Violations, penalty.

Section 590.200 - School protection officers, POST commission duties — minimum training requirements.

Section 590.205 - School protection officer training, POST commission to establish minimum standards — list of approved instructors, centers, and programs — background checks — certification.

Section 590.207 - Firearm out of control of school protection officer, penalty.

Section 590.210 - Disaster or emergency, retired peace officers may be utilized.

Section 590.500 - Certain law enforcement officers' right of appeal from disciplinary actions, procedure.

Section 590.501 - Certification removal of officer, hearing requirements, time limitation — exception.

Section 590.502 - Administrative investigation or questioning of law enforcement officer — definitions — conduct of investigation or questioning, requirements — suspension, due process rights, procedure — violation remedy.

Section 590.650 - Racial profiling — minority group defined — reporting requirements — annual report — review of findings — failure to comply — funds for audio-visual equipment — sobriety check points exempt.

Section 590.653 - Civilian review board — powers, duties.

Section 590.700 - Definitions — recording required for certain crimes — may be recorded, when — written policy required — violation, penalty.

Section 590.750 - Department to have sole authority to regulate and license advisors — commissioning of advisors — minimum liability insurance — acting without a license, penalty — rulemaking authority — application procedure.

Section 590.805 - Respiratory choke-hold, limitation on use of.

Section 590.1040 - Peer support counseling session communications, confidentiality of — definitions — applicability.

Section 590.1265 - Citation of law — definitions — use-of-force incidents reporting, standards and procedures — publication of report data — analysis report.

Section 590.1265 - Citation of law — definitions — use-of force incidents reporting, standards and procedures — publication of report data — analysis report.