Section 327.631

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 327

Effective - 28 Aug 2001, 2 histories, see footnote   (history) 

  327.631.  Refusal to issue, renew or reinstate license, procedure — grounds for — penalties that council may invoke. — 1. The board may refuse to issue any license required pursuant to section 327.629, or renewal or reinstatement thereof, for one or any combination of causes stated in subsection 2 of this section. The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his or her right to file a complaint with the administrative hearing commission as provided by chapter 621.

  2. The board may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621 against any holder of any license required by section 327.629 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:

  (1) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution pursuant to the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of the profession regulated pursuant to sections 327.600 to 327.635, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed;

  (2) Use of fraud, deception, misrepresentation or bribery in securing any license or authority, permit or license issued pursuant to sections 327.600 to 327.635 or in obtaining permission to take any examination given or required pursuant to sections 327.600 to 327.635;

  (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 327.600 to 327.635;

  (5) Violation of, or assisting or enabling any person to violate, any provision of sections 327.600 to 327.635, or of any lawful rule or regulation adopted pursuant to such sections;

  (6) Impersonation of any person holding a license or authority, permit or license allowing any person to use his or her certificate or diploma from any school;

  (7) Disciplinary action against the holder of a license or other right to practice the profession regulated by sections 327.600 to 327.635 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 license 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.

  3. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapters 536 and 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 board may censure or place the person named in the complaint on probation on such terms and conditions as the board deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license.

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(L. 1989 H.B. 190, et al. § 16, A.L. 2001 H.B. 567)