Section 339.531

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 339

Effective - 28 Aug 2015 (all or part is unconstitutional)  

  *339.531.  Complaint procedure — effective date. — 1.  Any person may file a complaint with the commission alleging that a licensee has committed any combination of the acts or omissions provided in subsection 2 of section 339.532.  A complaint shall be in writing and shall be signed by the complainant, but a complainant is not required to specify the provisions of law or regulations alleged to have been violated in the complaint.

  2.  Upon the receipt of a complaint against a licensee, the commission shall refer the complaint to the probable cause committee.  The commission shall appoint a probable cause committee of four members, one of whom shall be a current member of the commission and three members selected by the commission through recommendations provided by the Missouri Appraisers Advisory Council.  The probable cause committee shall serve in an advisory capacity to the commission and review complaints and make a recommendation to the commission regarding the disposition of the complaint.  The commission shall provide by rule for the selection process, length of committee member terms, and other procedures necessary for the functioning of the committee.  No complaints shall be brought before the probable cause committee prior to its creation, appointment of members, and approval of all rules and regulations pursuant to chapter 536.

  3.  Each complaint shall be considered a grievance until reviewed by the probable cause committee.  When a grievance is filed under subsection 1 of this section, a copy shall be provided to the licensee, who shall have ten working days to respond documenting why the grievance may have no merit.  If the licensee responds within the allowable time, the probable cause committee shall review the grievance and response.  If the probable cause committee determines that the grievance has no merit, the grievance shall be dismissed and no complaint shall be placed on the licensee's record.  If the probable cause committee determines that the grievance has merit, it shall present the case to the commission, and the commission shall decide whether or not to proceed with an investigation of the grievance as a complaint.  If the commission decides to proceed with an investigation of a complaint, at that time the complaint shall become a part of the licensee's record.

  4.  When the commission determines to proceed with a complaint against a licensee, the commission shall investigate the actions of the licensee against whom the complaint is made.  In conducting an investigation, the commission may request the licensee under investigation to:

  (1)  Answer the charges made against him or her in writing;

  (2)  Produce relevant documentary evidence pertaining to the specific complaint causing the investigation; and

  (3)  Appear before the commission.

  5.  A copy of any written answer of the licensee requested under subsection 4 of this section may be furnished to the complainant, as long as furnishing the written answer does not require disclosure of confidential information under the Uniform Standards of Professional Appraisal Practice.

  6.  The commission shall notify the complainant and the licensee that an investigation has been commenced within ten working days of the date of the commission's decision to proceed with a complaint under subsection 4 of this section.  The commission shall also notify and inform the complainant and licensee of the status of the investigation every sixty days following the commencement of the investigation.  No investigation shall last longer than twelve months.  Once an investigation is closed or dismissed it shall not be reopened.

  7.  In the event that the commission fails to meet the notification and investigation requirements of this section or does not finish the investigation within twelve months, then the commission shall provide the complainant at the commission's expense with an appraisal and an appraisal report of the real estate originally appraised by the licensee under investigation.

  8.  A real estate appraiser member of the commission shall recuse themselves from any matter in which their knowledge of the parties, circumstances, or subject matter will substantially affect their ability to be fair and impartial.

  9.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2015, shall be invalid and void.

  10.  Nothing in this section shall be construed as limiting or delaying any administrative remedies or actions available through the administrative hearing process.

  11.  The provisions of this section shall become effective August 28, 2015.

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(L. 2014 S.B. 672)

Effective 8-28-15

*Revisor's Note: This section was declared unconstitutional in Calzone v. Koster, et al., see 2016 annotation below.

(2016) Provisions of S.B. 672 from 2014 declared unconstitutional as violating the single subject rule of Article III, § 23; under the facts presented, those provisions cannot be severed and the bill is unconstitutional in its entirety.  Calzone v. Koster, et al., Case No. 15AC-CC00247 (Cole County Cir. Ct., Feb. 9, 2016).