Mo. Code Regs. tit. 11 § 75-13.090

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

Section 11 CSR 75-13.090 - Cause to Discipline Peace Officer Licensee

PURPOSE: This rule identifies the causes of discipline on a peace officer licensee.

(1) Whenever during the investigation of any cause to discipline a peace officer license the Director issues a subpoena pursuant to section 590.110.1, RSMo, the Director shall notify the officer of the investigation.

(2) As used in section 590.080.1, RSMo:

(A) The phrase has "committed any criminal offense" includes a person who has pleaded guilty to, been found guilty of, or been convicted of any criminal offense.

(B) The phrase "moral turpitude" means the wrongful quality shared by acts of fraud, theft, bribery, illegal drug use, sexual misconduct, and other similar acts, as defined by the common law of Missouri.

(C) "Reckless disregard" means a conscious disregard of a substantial risk that circumstances exist or that a result will follow, and such failure constitutes a gross deviation from the standard of care that a reasonable peace officer would exercise in the situation.

(3) Pursuant to section 590.080.1(6), RSMo, the Director shall have cause to discipline any peace officer licensee who:

(A) Fails to comply with an investigative subpoena lawfully issued by the Director pursuant to section 590.010, RSMo;

(B) Makes unauthorized use of the Missouri Peace Officer License Exam (MPOLE) or any basic training testing materials;

(C) Has pleaded guilty to, been found guilty of, or been convicted of a criminal offense, whether or not a sentence has been imposed.

(4) As used in section 590.090.1(3), RSMo, "clear and present danger" means a grave and immediate danger and not merely a probable danger.

(5) Voluntary surrender pursuant to section 590.080.5, RSMo, shall be permanent.

(6) Any peace officer license issued by fraud, misrepresentation, or mistake to a person not qualified to receive such license shall be subject to recall by the Director. The Director's determination to recall a license shall be subject to review only pursuant to section 536.150, RSMo.

(7) When the Director has knowledge of cause to discipline a peace officer license pursuant to section 590.080, RSMo, or this rule, the Director may in lieu of discipline issue a letter of reprimand to the officer and deliver a copy to the officer's agency or commissioning authority. A letter of reprimand shall not affect the status of a peace officer's license.

11 CSR 75-13.090

AUTHORITY: sections 590.080, 590.090, and 590.190, RSMo Supp. 2007.* Original rule filed May 1, 2002, effective Oct. 30, 2002. Amended: Filed Sept. 5, 2003, effective March 30, 2004. Amended: Filed July 1, 2008, effective Dec. 30, 2008.

*Original authority: 590.080, RSMo 2001; 590.090, RSMo 2001; and 590.190, RSMo 2001, amended 2007.