Section 315.041

Title XXI PUBLIC SAFETY AND MORALS

Chapter 315

Effective - 09 Aug 1985, see footnote   

  315.041.  License refused or revoked, when — notice, how served — extension of time to comply with standards granted when — hearing, request when, held when — rights of licensee. — 1.  The department director may refuse the issuance of a license, or may revoke a license as provided for herein, at any time the director determines that such lodging establishment is not in compliance with sections 315.005 to 315.065.  If at any time the department director determines that a lodging establishment is not in compliance with sections 315.005 to 315.065, the department director shall notify the owner of the lodging establishment of such alterations or changes as may be deemed necessary to be in compliance therewith.  Upon receipt of any such notice of noncompliance, an owner may request a hearing before the department director upon filing a written request within ten days after receipt of such notice.  The owner shall be allowed a reasonable period of time following receipt of the notice, or the hearing before the department director, in order to comply with the department standards.  At the expiration of the period of time allowed by the department director, the department director shall review the progress of the owner's attempts to be in compliance with the department standards and may grant additional reasonable periods of time for compliance.  Upon expiration of the time to comply with such department standards, and any extensions thereof, the department director is authorized to revoke or not renew the license to operate the lodging establishment as provided for in sections 315.005 to 315.065.  Before revoking or not renewing the license, the department director shall give written notice to the licensee setting forth the reasons for the proposed action and fixing the date of a hearing, not less than thirty days from the date of mailing or delivering of such notice, before the department director.  The licensee is entitled to appear with an attorney and will call witnesses as may be desired.  Any decision of the department director shall be subject to the provisions of chapter 536.  An establishment may remain in operation during a judicial review unless the department director determines that an imminent health or safety hazard exists.

  2.  All notices served by the department shall be in writing and shall be either delivered in person by the department or by registered or certified mail to the owner.

­­--------

(L. 1985 S.B. 279 § 9 subdivs. (2), (3))

Effective 8-09-85