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SECOND REGULAR SESSION
SENATE BILL NO. 1647
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY .
5120S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapters 324 and 331, RSMo, by adding thereto two new sections relating to emergency
restrictions of certain professional licenses by the administrative hearing commission.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapters 324 and 331, RSMo, are amended by 1
adding thereto two new sections, to be known as sections 324.263 2
and 331.084, to read as follows:3
324.263. 1. The board may apply to the administrative 1
hearing commission for an emergency suspension or 2
restriction of a license issued under sections 324.240 to 3
324.275 if: 4
(1) The holder of the license is the subject of a 5
pending criminal indictment, criminal information, or other 6
criminal charge related to the duties and responsibilities 7
of the licensed occupation; and 8
(2) There is reasonable cause for the board to believe 9
that the public health, safety, or welfare is at imminent 10
risk of harm from the holder of the license. 11
2. The board shall submit to the administrative 12
hearing commission supporting affidavits and certified court 13
records, together with a complaint alleging the facts in 14
support of the board's request for an emergency suspension 15
or restriction of a license, and shall supply the 16
administrative hearing commission with the last home or 17
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business addresses on file with the board for the licensee. 18
Within one business day of the filing of the complaint, the 19
administrative hearing commission shall return a service 20
packet to the board. The service packet shall include the 21
board's complaint and any affidavits or records the board 22
intends to rely on that have been filed with the 23
administrative hearing commission. The service packet may 24
contain other information in the discretion of the 25
administrative hearing commission. Within twenty-four hours 26
of receiving the packet, the board shall either personally 27
serve the licensee the service packet or leave a copy of the 28
service packet at all of the licensee's current addresses on 29
file with the board. 30
3. Within five days of the board's filing of the 31
complaint, the administrative hearing commission shall 32
review the information submitted by the board and shall 33
issue its findings of fact and conclusions of law. If the 34
administrative hearing commission finds that there is 35
reasonable cause for the board to believe that the public 36
health, safety, or welfare is at imminent risk of harm from 37
the holder of the license, the administrative hearing 38
commission shall enter the order requested by the board. 39
The order shall be effective upon personal service or by 40
leaving a copy at all of the licensee's current addresses on 41
file with the board. 42
4. (1) The administrative hearing commission shall 43
hold an evidentiary hearing on the record within forty-five 44
days of the board's filing of the complaint, or upon final 45
adjudication of any criminal charges filed against the 46
licensee, as appropriate, to determine if cause for 47
discipline exists under the provisions of sections 324.240 48
to 324.275 and to determine whether the initial order 49
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entered by the commission shall continue in effect. Prior 50
to the hearing, the licensee may file affidavits and 51
certified court records for consideration by the 52
administrative hearing commission. The administrative 53
hearing commission may grant a request for a continuance but 54
shall in any event hold the hearing within one hundred 55
twenty days of the board's initial filing. The board shall 56
be granted leave to amend its complaint if it is more than 57
thirty days prior to the hearing, or within thirty days 58
prior to the hearing upon a showing of good cause. 59
(2) If no cause for discipline is found following an 60
evidentiary hearing, the administrative hearing commission 61
shall issue findings of fact, conclusions of law, and an 62
order terminating the commission's initial order imposing an 63
emergency suspension or restriction of the license. 64
(3) If the administrative hearing commission finds 65
cause for discipline following an evidentiary hearing, the 66
commission shall issue findings of fact and conclusions of 67
law and order the emergency suspension or restriction to 68
remain in full force and effect pending a disciplinary 69
hearing before the board. The board shall hold a hearing 70
following the certification of the record by the 71
administrative hearing commission and may impose discipline 72
otherwise authorized by state law. 73
5. Any action under this section shall be in addition 74
to and not in lieu of any discipline otherwise in the 75
board's power to impose and may be brought concurrently with 76
other actions. 77
6. If the administrative hearing commission does not 78
grant an initial order imposing an emergency suspension or 79
restriction of the license as described in subsection 3 of 80
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this section, the board shall remove all reference to such 81
emergency suspension or restriction from its public records. 82
331.084. 1. The board may apply to the administrative 1
hearing commission for an emergency suspension or 2
restriction of a license issued under this chapter if: 3
(1) The holder of the license is the subject of a 4
pending criminal indictment, criminal information, or other 5
criminal charge related to the duties and responsibilities 6
of the licensed occupation; and 7
(2) There is reasonable cause for the board to believe 8
that the public health, safety, or welfare is at imminent 9
risk of harm from the holder of the license. 10
2. The board shall submit to the administrative 11
hearing commission supporting affidavits and certified court 12
records, together with a complaint alleging the facts in 13
support of the board's request for an emergency suspension 14
or restriction of a license, and shall supply the 15
administrative hearing commission with the last home or 16
business addresses on file with the board for the licensee. 17
Within one business day of the filing of the complaint, the 18
administrative hearing commission shall return a service 19
packet to the board. The service packet shall include the 20
board's complaint and any affidavits or records the board 21
intends to rely on that have been filed with the 22
administrative hearing commission. The service packet may 23
contain other information in the discretion of the 24
administrative hearing commission. Within twenty-four hours 25
of receiving the packet, the board shall either personally 26
serve the licensee the service packet or leave a copy of the 27
service packet at all of the licensee's current addresses on 28
file with the board. 29
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3. Within five days of the board's filing of the 30
complaint, the administrative hearing commission shall 31
review the information submitted by the board and shall 32
issue its findings of fact and conclusions of law. If the 33
administrative hearing commission finds that there is 34
reasonable cause for the board to believe that the public 35
health, safety, or welfare is at imminent risk of harm from 36
the holder of the license, the administrative hearing 37
commission shall enter the order requested by the board. 38
The order shall be effective upon personal service or by 39
leaving a copy at all of the licensee's current addresses on 40
file with the board. 41
4. (1) The administrative hearing commission shall 42
hold an evidentiary hearing on the record within forty-five 43
days of the board's filing of the complaint, or upon final 44
adjudication of any criminal charges filed against the 45
licensee, as appropriate, to determine if cause for 46
discipline exists under the provisions of this chapter and 47
to determine whether the initial order entered by the 48
commission shall continue in effect. Prior to the hearing, 49
the licensee may file affidavits and certified court records 50
for consideration by the administrative hearing commission. 51
The administrative hearing commission may grant a request 52
for a continuance but shall in any event hold the hearing 53
within one hundred twenty days of the board's initial 54
filing. The board shall be granted leave to amend its 55
complaint if it is more than thirty days prior to the 56
hearing, or within thirty days prior to the hearing upon a 57
showing of good cause. 58
(2) If no cause for discipline is found following an 59
evidentiary hearing, the administrative hearing commission 60
shall issue findings of fact, conclusions of law, and an 61
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order terminating the commission's initial order imposing an 62
emergency suspension or restriction of the license. 63
(3) If the administrative hearing commission finds 64
cause for discipline following an evidentiary hearing, the 65
commission shall issue findings of fact and conclusions of 66
law and order the emergency suspension or restriction to 67
remain in full force and effect pending a disciplinary 68
hearing before the board. The board shall hold a hearing 69
following the certification of the record by the 70
administrative hearing commission and may impose discipline 71
otherwise authorized by state law. 72
5. Any action under this section shall be in addition 73
to and not in lieu of any discipline otherwise in the 74
board's power to impose and may be brought concurrently with 75
other actions. 76
6. If the administrative hearing commission does not 77
grant an initial order imposing an emergency suspension or 78
restriction of the license as described in subsection 3 of 79
this section, the board shall remove all reference to such 80
emergency suspension or restriction from its public records. 81
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