Missouri Revised Statutes













Chapter 324

Occupations and Professions General Provisions

←324.433

Section 324.436.1

324.439→

August 28, 2015

Refusal to issue, renew or reinstate certificate, when--complaint filed, procedure.

324.436. 1. The council may refuse to issue any certificate required

pursuant to sections 324.400 to 324.439, or renew or reinstate any such

certificate, for any one or any combination of the reasons stated in

subsection 2 of this section. The council shall notify the applicant in

writing of the reasons for the refusal and shall advise the applicant of the

person's right to file a complaint with the administrative hearing commission

as provided in chapter 621.



2. The council may cause a complaint to be filed with the administrative

hearing commission as provided by chapter 621 against any holder of a

certificate of registration required by sections 324.400 to 324.439 or any

person who has failed to renew or has surrendered the person's certificate of

registration for any one or combination of the following reasons:



(1) The person has been finally adjudicated and found guilty, or entered

a plea of guilty or nolo contendere, in a criminal prosecution under the laws

of this state or any other state or of the United States, for any offense

reasonably related to the qualifications, functions or duties of the

profession regulated by sections 324.400 to 324.439; for any offense for

which an essential element is fraud, dishonesty or an act of violence; or for

a felony, whether or not sentence is imposed;



(2) Use of fraud, deception, misrepresentation or bribery in securing any

certificate of registration issued pursuant to sections 324.400 to 324.439 or

in obtaining permission to take any examination given or required pursuant to

sections 324.400 to 324.439;



(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 324.400 to 324.439;



(5) Violation of, or assisting or enabling any person to violate, any

provision of sections 324.400 to 324.439, or of any lawful rule or regulation

adopted pursuant to such sections;



(6) Impersonation of any person holding a certificate of registration or

authority, permit or license or allowing any person to use the person's

certificate or diploma from any school;



(7) Disciplinary action against the holder of a certificate of

registration or other right to perform the profession regulated by sections

324.400 to 324.439 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 certificate of registration 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, as it relates to the interior design

profession.



3. After the filing of a complaint pursuant to subsection 2 of this

section, the proceedings shall be conducted in accordance with the provisions

of chapter 536 and chapter 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 council shall censure or place the person

named in the complaint on probation for a period not to exceed five years or

may suspend the person's certificate for a period not to exceed three years

or may revoke the person's certificate of registration.



(L. 1998 H.B. 1601, et al. § 13)







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