Mo. Code Regs. tit. 11 § 40-5.190

Current through Register Vol. 49, No.12, June 17, 2024

Section 11 CSR 40-5.190 - Disciplinary Action

PURPOSE: This rule establishes conditions and procedures related to disciplinary action against an elevator mechanic or contractor license.

(1) The board shall have cause to discipline any licensee for any one (1) of the following reasons:

(A) Licensee has made a false statement as to material matter in his or her application;

(B) Licensee has committed fraud, misrepresentation or bribery in securing a license;

(C) Licensee has violated any provision of 11 CSR 40-5.160 to 11 CSR 40-5.195;

(D) Licensee has had an elevator mechanic or contractor license issued by another state revoked or suspended;

(E) Licensee has violated the provisions of sections 701.350 to 701.383, RSMo;

(F) Licensee failed to notify the department and the owner or lessee of non-registered elevator equipment non-compliant with sections 701.350 to 701.383, RSMo, and 11 CSR 40-5.010 to 11 CSR 40-5.195;

(G) Licensee fails to maintain insurance as provided in 11 CSR 40-5.175;

(H) Performing work on previously unknown elevator equipment not registered with the department in compliance with section 701.371, RSMo; or

(I) Licensee has a direct or indirect ownership or financial interest in an inspection business entity as it relates to sections 701.350 to 701.383, RSMo.

(2) When the board has knowledge of cause to discipline a licensee pursuant to this rule, the board may cause a complaint to be filed with the Administrative Hearing Commission, which shall conduct a hearing to determine whether the board has cause for discipline, and which shall issue findings of fact and conclusions of law on the matter. The administrative hearing commission shall not consider the relative severity of the cause for discipline or any rehabilitation of the licensee or otherwise impinge upon the discretion of the board to determine appropriate discipline when cause exists pursuant to this section.

(3) Upon a finding by the Administrative Hearing Commission that cause to discipline exists, the board shall, within thirty (30) days, hold a hearing to determine the form of discipline to be imposed and thereafter shall probate, suspend, or permanently revoke the license at issue. If the licensee fails to appear at the board's hearing, this shall constitute a waiver of the right to such hearing.

(4) Notice of any hearing pursuant to this rule may be made by certified mail to the licensee's address of record on the license application. Proof of refusal by the licensee to accept delivery or the inability of postal authorities to deliver such certified mail shall be evidence that required notice has been given. Notice may be given by publication.

(5) Nothing contained in this rule shall prevent a licensee from informally disposing of a cause for discipline with the consent of the board by voluntarily surrendering a license or voluntarily submitting to discipline.

(6) The provisions of Chapter 621, RSMo and any amendments thereto shall apply to and govern the proceedings of the Administrative Hearing Commission and pursuant to this rule the rights and duties of the parties involved.

(7) If the chief elevator inspector notifies the board or the board finds that the public safety imperatively requires emergency action, and the board incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending the immediate initiation of the license revocation procedures. In such an event, the licensee shall be given a written notice of the suspension. Such notice shall state the date, time, and place of an emergency revocation hearing and a statement of the alleged facts or conduct warranting the summary suspension and proposed revocation.

11 CSR 40-5.190

Adopted by Missouri Register May 1, 2015/Volume 40, Number 09, effective 6/30/2015