Missouri Revised Statutes
Chapter 301
Registration and Licensing of Motor Vehicles
←301.561
Section 301.562.1
301.563→
August 28, 2015
License suspension, revocation, refusal to renew--procedure--grounds--complaint may be filed, when--clear and present danger, what constitutes, revocation or suspension authorized, procedure--agreement permitted, when.
301.562. 1. The department may refuse to issue or renew any license
required pursuant to sections 301.550 to 301.580 for any one or any
combination of causes stated in subsection 2 of this section. The
department shall notify the applicant or licensee in writing at his or her
last known address of the reasons for the refusal to issue or renew the
license and shall advise the applicant or licensee of his or her right to
file a complaint with the administrative hearing commission as provided by
chapter 621.
2. The department may cause a complaint to be filed with the
administrative hearing commission as provided by chapter 621 against any
holder of any license issued under sections 301.550 to 301.580 for any one
or any combination of the following causes:
(1) The applicant or license holder was previously the holder of a
license issued under sections 301.550 to 301.580, which license was revoked
for cause and never reissued by the department, or which license was
suspended for cause and the terms of suspension have not been fulfilled;
(2) The applicant or license holder was previously a partner,
stockholder, director or officer controlling or managing a partnership or
corporation whose license issued under sections 301.550 to 301.580 was
revoked for cause and never reissued or was suspended for cause and the
terms of suspension have not been fulfilled;
(3) The applicant or license holder has, within ten years prior to
the date of the application, been finally adjudicated and found guilty, or
entered a plea of guilty or nolo contendere, in a prosecution under the
laws of any state or of the United States, for any offense reasonably
related to the qualifications, functions, or duties of any business
licensed under sections 301.550 to 301.580; 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;
(4) Use of fraud, deception, misrepresentation, or bribery in
securing any license issued pursuant to sections 301.550 to 301.580;
(5) Obtaining or attempting to obtain any money, commission, fee,
barter, exchange, or other compensation by fraud, deception, or
misrepresentation;
(6) Violation of, or assisting or enabling any person to violate any
provisions of this chapter and chapters 143, 144, 306, 307, 407, 578, and
643 or of any lawful rule or regulation adopted pursuant to this chapter
and chapters 143, 144, 306, 307, 407, 578, and 643;
(7) The applicant or license holder has filed an application for a
license which, as of its effective date, was incomplete in any material
respect or contained any statement which was, in light of the circumstances
under which it was made, false or misleading with respect to any material
fact;
(8) The applicant or license holder has failed to pay the proper
application or license fee or other fees required pursuant to this chapter
or chapter 306 or fails to establish or maintain a bona fide place of
business;
(9) Uses or permits the use of any special license or license plate
assigned to the license holder for any purpose other than those permitted
by law;
(10) The applicant or license holder is finally adjudged insane or
incompetent by a court of competent jurisdiction;
(11) Use of any advertisement or solicitation which is false;
(12) Violations of sections 407.511 to 407.556, section 578.120,
which resulted in a conviction or finding of guilt or violation of any
federal motor vehicle laws which result in a conviction or finding of
guilt.
3. Any such complaint shall be filed within one year of the date upon
which the department receives notice of an alleged violation of an
applicable statute or regulation. After the filing of such complaint, the
proceedings shall, except for the matters set forth in subsection 5 of this
section, be conducted in accordance with the provisions of 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 department may, singly or in combination, refuse to issue the person a
license, issue a license for a period of less than two years, issue a
private reprimand, place the person on probation on such terms and
conditions as the department deems appropriate for a period of one day to
five years, suspend the person's license from one day to six days, or
revoke the person's license for such period as the department deems
appropriate. The applicant or licensee shall have the right to appeal the
decision of the administrative hearing commission and department in the
manner provided in chapter 536.
4. Upon the suspension or revocation of any person's license issued
under sections 301.550 to 301.580, the department shall recall any
distinctive number plates that were issued to that licensee. If any
licensee who has been suspended or revoked shall neglect or refuse to
surrender his or her license or distinctive number license plates issued
under sections 301.550 to 301.580, the director shall direct any agent or
employee of the department or any law enforcement officer, to secure
possession thereof and return such items to the director. For purposes of
this subsection, a "law enforcement officer" means any member of the
highway patrol, any sheriff or deputy sheriff, or any peace officer
certified under chapter 590 acting in his or her official capacity.
Failure of the licensee to surrender his or her license or distinctive
number license plates upon demand by the director, any agent or employee of
the department, or any law enforcement officer shall be a class A
misdemeanor.
5. Notwithstanding the foregoing provisions of this section, the
following events or acts by the holder of any license issued under sections
301.550 to 301.580 are deemed to present a clear and present danger to the
public welfare and shall be considered cause for suspension or revocation
of such license under the procedure set forth in subsection 6 of this
section, at the discretion of the director:
(1) The expiration or revocation of any corporate surety bond or
irrevocable letter of credit, as required by section 301.560, without
submission of a replacement bond or letter of credit which provides
coverage for the entire period of licensure;
(2) The failure to maintain a bona fide established place of business
as required by section 301.560;
(3) Criminal convictions as set forth in subdivision (3) of
subsection 2 of this section; or
(4) Three or more occurrences of violations which have been
established following proceedings before the administrative hearing
commission under subsection 3 of this section, or which have been
established following proceedings before the director under subsection 6 of
this section, of this chapter and chapters 143, 144, 306, 307, 578, and 643
or of any lawful rule or regulation adopted under this chapter and chapters
143, 144, 306, 307, 578, and 643, not previously set forth herein.
6. (1) Any license issued under sections 301.550 to 301.580 shall be
suspended or revoked, following an evidentiary hearing before the director
or his or her designated hearing officer, if affidavits or sworn testimony
by an authorized agent of the department alleges the occurrence of any of
the events or acts described in subsection 5 of this section.
(2) For any license which the department believes may be subject to
suspension or revocation under this subsection, the director shall
immediately issue a notice of hearing to the licensee of record. The
director's notice of hearing:
(a) Shall be served upon the licensee personally or by first class
mail to the dealer's last known address, as registered with the director;
(b) Shall be based on affidavits or sworn testimony presented to the
director, and shall notify the licensee that such information presented
therein constitutes cause to suspend or revoke the licensee's license;
(c) Shall provide the licensee with a minimum of ten days' notice
prior to hearing;
(d) Shall specify the events or acts which may provide cause for
suspension or revocation of the license, and shall include with the notice
a copy of all affidavits, sworn testimony or other information presented to
the director which support discipline of the license; and
(e) Shall inform the licensee that he or she has the right to attend
the hearing and present any evidence in his or her defense, including
evidence to show that the event or act which may result in suspension or
revocation has been corrected to the director's satisfaction, and that he
or she may be represented by counsel at the hearing.
(3) At any hearing before the director conducted under this
subsection, the director or his or her designated hearing officer shall
consider all evidence relevant to the issue of whether the license should
be suspended or revoked due to the occurrence of any of the acts set forth
in subsection 5 herein. Within twenty business days after such hearing,
the director or his or her designated hearing officer shall issue a written
order, with findings of fact and conclusions of law, which either grants or
denies the issuance of an order of suspension or revocation. The
suspension or revocation shall be effective ten days after the date of the
order. The written order of the director or his or her hearing officer
shall be the final decision of the director and shall be subject to
judicial review under the provisions of chapter 536.
(4) Notwithstanding the provisions of this chapter or chapter 610 or
621 to the contrary, the proceedings under this section shall be closed and
no order shall be made public until it is final, for purposes of appeal.
7. In lieu of acting under subsection 2 or 6 of this section, the
department of revenue may enter into an agreement with the holder of the
license to ensure future compliance with sections 301.210, 301.213,
307.380, sections 301.217 to 301.229, and sections 301.550 to 301.580.
Such agreement may include an assessment fee not to exceed five hundred
dollars per violation or five thousand dollars in the aggregate unless
otherwise permitted by law, probation terms and conditions, and other
requirements as may be deemed appropriate by the department of revenue and
the holder of the license. Any fees collected by the department of revenue
under this subsection shall be deposited into the motor vehicle commission
fund created in section 301.560.
(L. 1988 H.B. 1512 § 7, A.L. 1993 S.B. 35, A.L. 1997 H.B. 207, A.L.
2004 H.B. 1259 merged with S.B. 1233, et al., A.L. 2009 H.B. 683,
A.L. 2012 H.B. 1402, A.L. 2015 S.B. 456)
2012
2009
2004
1997
2012
301.562. 1. The department may refuse to issue or renew any license
required pursuant to sections 301.550 to 301.573 for any one or any
combination of causes stated in subsection 2 of this section. The
department shall notify the applicant or licensee in writing at his or her
last known address of the reasons for the refusal to issue or renew the
license and shall advise the applicant or licensee of his or her right to
file a complaint with the administrative hearing commission as provided by
chapter 621.
2. The department may cause a complaint to be filed with the
administrative hearing commission as provided by chapter 621 against any
holder of any license issued under sections 301.550 to 301.573 for any one
or any combination of the following causes:
(1) The applicant or license holder was previously the holder of a
license issued under sections 301.550 to 301.573, which license was revoked
for cause and never reissued by the department, or which license was
suspended for cause and the terms of suspension have not been fulfilled;
(2) The applicant or license holder was previously a partner,
stockholder, director or officer controlling or managing a partnership or
corporation whose license issued under sections 301.550 to 301.573 was
revoked for cause and never reissued or was suspended for cause and the
terms of suspension have not been fulfilled;
(3) The applicant or license holder has, within ten years prior to
the date of the application, been finally adjudicated and found guilty, or
entered a plea of guilty or nolo contendere, in a prosecution under the
laws of any state or of the United States, for any offense reasonably
related to the qualifications, functions, or duties of any business
licensed under sections 301.550 to 301.573; 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;
(4) Use of fraud, deception, misrepresentation, or bribery in
securing any license issued pursuant to sections 301.550 to 301.573;
(5) Obtaining or attempting to obtain any money, commission, fee,
barter, exchange, or other compensation by fraud, deception, or
misrepresentation;
(6) Violation of, or assisting or enabling any person to violate any
provisions of this chapter and chapters 143, 144, 306, 307, 407, 578, and
643 or of any lawful rule or regulation adopted pursuant to this chapter
and chapters 143, 144, 306, 307, 407, 578, and 643;
(7) The applicant or license holder has filed an application for a
license which, as of its effective date, was incomplete in any material
respect or contained any statement which was, in light of the circumstances
under which it was made, false or misleading with respect to any material
fact;
(8) The applicant or license holder has failed to pay the proper
application or license fee or other fees required pursuant to this chapter
or chapter 306 or fails to establish or maintain a bona fide place of
business;
(9) Uses or permits the use of any special license or license plate
assigned to the license holder for any purpose other than those permitted
by law;
(10) The applicant or license holder is finally adjudged insane or
incompetent by a court of competent jurisdiction;
(11) Use of any advertisement or solicitation which is false;
(12) Violations of sections 407.511 to 407.556, section 578.120,
which resulted in a conviction or finding of guilt or violation of any
federal motor vehicle laws which result in a conviction or finding of
guilt.
3. Any such complaint shall be filed within one year of the date upon
which the department receives notice of an alleged violation of an
applicable statute or regulation. After the filing of such complaint, the
proceedings shall, except for the matters set forth in subsection 5 of this
section, be conducted in accordance with the provisions of 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 department may, singly or in combination, refuse to issue the person a
license, issue a license for a period of less than two years, issue a
private reprimand, place the person on probation on such terms and
conditions as the department deems appropriate for a period of one day to
five years, suspend the person's license from one day to six days, or
revoke the person's license for such period as the department deems
appropriate. The applicant or licensee shall have the right to appeal the
decision of the administrative hearing commission and department in the
manner provided in chapter 536.
4. Upon the suspension or revocation of any person's license issued
under sections 301.550 to 301.573, the department shall recall any
distinctive number plates that were issued to that licensee. If any
licensee who has been suspended or revoked shall neglect or refuse to
surrender his or her license or distinctive number license plates issued
under sections 301.550 to 301.580, the director shall direct any agent or
employee of the department or any law enforcement officer, to secure
possession thereof and return such items to the director. For purposes of
this subsection, a "law enforcement officer" means any member of the
highway patrol, any sheriff or deputy sheriff, or any peace officer
certified under chapter 590 acting in his or her official capacity.
Failure of the licensee to surrender his or her license or distinctive
number license plates upon demand by the director, any agent or employee of
the department, or any law enforcement officer shall be a class A
misdemeanor.
5. Notwithstanding the foregoing provisions of this section, the
following events or acts by the holder of any license issued under sections
301.550 to 301.580 are deemed to present a clear and present danger to the
public welfare and shall be considered cause for suspension or revocation
of such license under the procedure set forth in subsection 6 of this
section, at the discretion of the director:
(1) The expiration or revocation of any corporate surety bond or
irrevocable letter of credit, as required by section 301.560, without
submission of a replacement bond or letter of credit which provides
coverage for the entire period of licensure;
(2) The failure to maintain a bona fide established place of business
as required by section 301.560;
(3) Criminal convictions as set forth in subdivision (3) of
subsection 2 of this section; or
(4) Three or more occurrences of violations which have been
established following proceedings before the administrative hearing
commission under subsection 3 of this section, or which have been
established following proceedings before the director under subsection 6 of
this section, of this chapter and chapters 143, 144, 306, 307, 578, and 643
or of any lawful rule or regulation adopted under this chapter and chapters
143, 144, 306, 307, 578, and 643, not previously set forth herein.
6. (1) Any license issued under sections 301.550 to 301.580 shall be
suspended or revoked, following an evidentiary hearing before the director
or his or her designated hearing officer, if affidavits or sworn testimony
by an authorized agent of the department alleges the occurrence of any of
the events or acts described in subsection 5 of this section.
(2) For any license which the department believes may be subject to
suspension or revocation under this subsection, the director shall
immediately issue a notice of hearing to the licensee of record. The
director's notice of hearing:
(a) Shall be served upon the licensee personally or by first class
mail to the dealer's last known address, as registered with the director;
(b) Shall be based on affidavits or sworn testimony presented to the
director, and shall notify the licensee that such information presented
therein constitutes cause to suspend or revoke the licensee's license;
(c) Shall provide the licensee with a minimum of ten days' notice
prior to hearing;
(d) Shall specify the events or acts which may provide cause for
suspension or revocation of the license, and shall include with the notice
a copy of all affidavits, sworn testimony or other information presented to
the director which support discipline of the license; and
(e) Shall inform the licensee that he or she has the right to attend
the hearing and present any evidence in his or her defense, including
evidence to show that the event or act which may result in suspension or
revocation has been corrected to the director's satisfaction, and that he
or she may be represented by counsel at the hearing.
(3) At any hearing before the director conducted under this
subsection, the director or his or her designated hearing officer shall
consider all evidence relevant to the issue of whether the license should
be suspended or revoked due to the occurrence of any of the acts set forth
in subsection 5 herein. Within twenty business days after such hearing,
the director or his or her designated hearing officer shall issue a written
order, with findings of fact and conclusions of law, which either grants or
denies the issuance of an order of suspension or revocation. The
suspension or revocation shall be effective ten days after the date of the
order. The written order of the director or his or her hearing officer
shall be the final decision of the director and shall be subject to
judicial review under the provisions of chapter 536.
(4) Notwithstanding the provisions of this chapter or chapter 610 or
621 to the contrary, the proceedings under this section shall be closed and
no order shall be made public until it is final, for purposes of appeal.
2009
301.562. 1. The department may refuse to issue or renew any license
required pursuant to sections 301.550 to 301.573 for any one or any
combination of causes stated in subsection 2 of this section. The department
shall notify the applicant or licensee in writing at his or her last known
address of the reasons for the refusal to issue or renew the license and
shall advise the applicant or licensee of his or her right to file a
complaint with the administrative hearing commission as provided by chapter
621.
2. The department may cause a complaint to be filed with the
administrative hearing commission as provided by chapter 621 against any
holder of any license issued under sections 301.550 to 301.573 for any one or
any combination of the following causes:
(1) The applicant or license holder was previously the holder of a
license issued under sections 301.550 to 301.573, which license was revoked
for cause and never reissued by the department, or which license was
suspended for cause and the terms of suspension have not been fulfilled;
(2) The applicant or license holder was previously a partner,
stockholder, director or officer controlling or managing a partnership or
corporation whose license issued under sections 301.550 to 301.573 was
revoked for cause and never reissued or was suspended for cause and the terms
of suspension have not been fulfilled;
(3) The applicant or license holder has, within ten years prior to the
date of the application, been finally adjudicated and found guilty, or
entered a plea of guilty or nolo contendere, in a prosecution under the laws
of any state or of the United States, for any offense reasonably related to
the qualifications, functions, or duties of any business licensed under
sections 301.550 to 301.573; 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;
(4) Use of fraud, deception, misrepresentation, or bribery in securing
any license issued pursuant to sections 301.550 to 301.573;
(5) Obtaining or attempting to obtain any money, commission, fee,
barter, exchange, or other compensation by fraud, deception, or
misrepresentation;
(6) Violation of, or assisting or enabling any person to violate any
provisions of this chapter and chapters 144, 306, 307, 407, 578, and 643 or
of any lawful rule or regulation adopted pursuant to this chapter and
chapters 306, 307, 407, 578, and 643;
(7) The applicant or license holder has filed an application for a
license which, as of its effective date, was incomplete in any material
respect or contained any statement which was, in light of the circumstances
under which it was made, false or misleading with respect to any material
fact;
(8) The applicant or license holder has failed to pay the proper
application or license fee or other fees required pursuant to this chapter or
chapter 306 or fails to establish or maintain a bona fide place of business;
(9) Uses or permits the use of any special license or license plate
assigned to the license holder for any purpose other than those permitted by
law;
(10) The applicant or license holder is finally adjudged insane or
incompetent by a court of competent jurisdiction;
(11) Use of any advertisement or solicitation which is false;
(12) Violations of sections 407.511 to 407.556, section 578.120, which
resulted in a conviction or finding of guilt or violation of any federal
motor vehicle laws which result in a conviction or finding of guilt.
3. Any such complaint shall be filed within one year of the date upon
which the department receives notice of an alleged violation of an applicable
statute or regulation. After the filing of such complaint, the proceedings
shall be conducted in accordance with the provisions of 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
department may, singly or in combination, refuse to issue the person a
license, issue a private reprimand, place the person on probation on such
terms and conditions as the department deems appropriate for a period of one
day to five years, suspend the person's license from one day to six days, or
revoke the person's license for such period as the department deems
appropriate. The applicant or licensee shall have the right to appeal the
decision of the administrative hearing commission and department in the
manner provided in chapter 536.
4. Upon the suspension or revocation of any person's license issued under
sections 301.550 to 301.573, the department shall recall any distinctive
number plates that were issued to that licensee.
2004
301.562. 1. The department may refuse to issue or renew any license
required pursuant to sections 301.550 to 301.573 for any one or any
combination of causes stated in subsection 2 of this section. The
department shall notify the applicant or licensee in writing at his or her
last known address of the reasons for the refusal to issue or renew the
license and shall advise the applicant or licensee of his or her right to
file a complaint with the administrative hearing commission as provided by
chapter 621, RSMo.
2. The department may cause a complaint to be filed with the
administrative hearing commission as provided by chapter 621, RSMo, against
any holder of any license issued under sections 301.550 to 301.573 for any
one or any combination of the following causes:
(1) The applicant or license holder was previously the holder of a
license issued under sections 301.550 to 301.573, which license was revoked
for cause and never reissued by the department, or which license was
suspended for cause and the terms of suspension have not been fulfilled;
(2) The applicant or license holder was previously a partner,
stockholder, director or officer controlling or managing a partnership or
corporation whose license issued under sections 301.550 to 301.573 was
revoked for cause and never reissued or was suspended for cause and the
terms of suspension have not been fulfilled;
(3) The applicant or license holder has, within ten years prior to
the date of the application, been finally adjudicated and found guilty, or
entered a plea of guilty or nolo contendere, in a prosecution under the
laws of any state or of the United States, for any offense reasonably
related to the qualifications, functions, or duties of any business
licensed under sections 301.550 to 301.573; 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;
(4) Use of fraud, deception, misrepresentation, or bribery in
securing any license issued pursuant to sections 301.550 to 301.573;
(5) Obtaining or attempting to obtain any money, commission, fee,
barter, exchange, or other compensation by fraud, deception, or
misrepresentation;
(6) Violation of, or assisting or enabling any person to violate any
provisions of this chapter and chapters 306, 307, 407, 578, and 643, RSMo,
or of any lawful rule or regulation adopted pursuant to this chapter and
chapters 306, 307, 407, 578, and 643, RSMo;
(7) The applicant or license holder has filed an application for a
license which, as of its effective date, was incomplete in any material
respect or contained any statement which was, in light of the circumstances
under which it was made, false or misleading with respect to any material
fact;
(8) The applicant or license holder has failed to pay the proper
application or license fee or other fees required pursuant to this chapter
or chapter 306, RSMo, or fails to establish or maintain a bona fide place
of business;
(9) Uses or permits the use of any special license or license plate
assigned to the license holder for any purpose other than those permitted
by law;
(10) The applicant or license holder is finally adjudged insane or
incompetent by a court of competent jurisdiction;
(11) Use of any advertisement or solicitation which is false;
(12) Violations of sections 407.511 to 407.556, RSMo, section
578.120, RSMo, which resulted in a conviction or finding of guilt or
violation of any federal motor vehicle laws which result in a conviction or
finding of guilt.
3. Any such complaint shall be filed within one year of the date upon
which the department receives notice of an alleged violation of an
applicable statute or regulation. After the filing of such complaint, the
proceedings shall be conducted in accordance with the provisions of chapter
621, RSMo. Upon a finding by the administrative hearing commission that
the grounds, provided in subsection 2 of this section, for disciplinary
action are met, the department may, singly or in combination, refuse to
issue the person a license, issue a private reprimand, place the person on
probation on such terms and conditions as the department deems appropriate
for a period of one day to five years, suspend the person's license from
one day to six days, or revoke the person's license for such period as the
department deems appropriate. The applicant or licensee shall have the
right to appeal the decision of the administrative hearing commission and
department in the manner provided in chapter 536, RSMo.
4. Upon the suspension or revocation of any person's license issued
under sections 301.550 to 301.573, the department shall recall any
distinctive number plates that were issued to that licensee.
1997
301.562. 1. The department may refuse to issue or renew any license
required pursuant to sections 301.550 to 301.573 for any one or any
combination of causes stated in subsection 2 of this section. The
department shall notify the applicant or licensee in writing at his last
known address of the reasons for the refusal to issue or renew the license
and shall advise the applicant or licensee of his right to appeal the
decision of the department as provided in chapter 536, RSMo.
2. The department may take such disciplinary action as provided in
subsection 3 of this section upon a written notice and an opportunity to be
heard in substantially the same manner as provided in chapter 536, RSMo,
against any holder of any license issued under sections 301.550 to 301.573
for any one or any combination of the following causes:
(1) The applicant or license holder was previously the holder of a
license issued under sections 301.550 to 301.573, which license was revoked
for cause and never reissued by the department, or which license was
suspended for cause and the terms of suspension have not been fulfilled;
(2) The applicant or license holder was previously a partner,
stockholder, director or officer controlling or managing a partnership or
corporation whose license issued under sections 301.550 to 301.573 was
revoked for cause and never reissued or was suspended for cause and the
terms of suspension have not been fulfilled;
(3) The applicant or license holder has, within ten years prior to
the date of the application, been finally adjudicated and found guilty, or
entered a plea of guilty or nolo contendere, in a criminal prosecution
under the laws of any state or of the United States, for any offense
reasonably related to the qualifications, functions or duties of any
business licensed under sections 301.550 to 301.573; 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;
(4) Use of fraud, deception, misrepresentation or bribery in securing
any license issued pursuant to sections 301.550 to 301.573;
(5) Obtaining or attempting to obtain any money, commission, fee,
barter, exchange or other compensation by fraud, deception or
misrepresentation;
(6) Violation of, or assisting or enabling any person to violate any
provisions of sections 301.550 to 301.573 or of any lawful rule or
regulation adopted pursuant to sections 301.550 to 301.573;
(7) The applicant or license holder has filed an application for a
license which, as of its effective date, was incomplete in any material
respect or contained any statement which was, in light of the circumstances
under which it was made, false or misleading with respect to any material
fact;
(8) The applicant or license holder has failed to pay the proper
application or license fee or fails to establish or maintain a bona fide
place of business;
(9) Uses or permits the use of any special license or license plate
assigned to him for any purpose other than those permitted by law;
(10) The applicant or license holder is finally adjudged insane or
incompetent by a court of competent jurisdiction;
(11) Use of any advertisement or solicitation which is false;
(12) Violations of sections 301.550 to 301.573 or violations of this
chapter, sections 407.511 to 407.556, RSMo, section 578.120, RSMo, which
resulted in a felony conviction or finding of guilt or violation of any
federal motor vehicle laws which result in a felony conviction or finding
of guilt.
3. Upon a finding by the department that the grounds, provided in
subsection 2 of this section, for disciplinary action are met, the
department may refuse to issue the person a license, issue a private
reprimand, place the person on probation on such terms and conditions as
the department deems appropriate for a period of one day to five years,
suspend the person's license from one day to six days, or revoke the
person's license for such period as the department deems appropriate. The
applicant or licensee shall have the right to appeal the decision of the
department in the manner provided in chapter 536, RSMo.
4. Upon the suspension or revocation of any person's license issued
under sections 301.550 to 301.573, the department shall recall any
distinctive number plates that were issued to that licensee.
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