Mo. Code Regs. tit. 17 § 10-2.060
Current through Register Vol. 49, No. 18, September 16, 2024
Section 17 CSR 10-2.060 - Regulation, Suspension, and RevocationPURPOSE: Under section 84.720, RSMo, the Board of Police Commissioners of Kansas City, Missouri (board) shall regulate individuals providing private security/proprietary private investigative services. Pursuant to this authority, the board has the power to suspend, order probation, or revoke any license granted by it and is obligated to furnish an appeal process for any license so affected.
(1) The board may monitor and investigate allegations of improper conduct and the activities of individuals providing private security and proprietary private investigative services and firms, companies, partnerships, entities, or political subdivisions providing security services or proprietary private investigative services pursuant to these rules.(2) The chief of police or his/her designee may order probation, order a suspension, or revoke a license of any company granted under section 84.720 RSMo, pursuant to the procedures set forth in section (10) of this rule, when there exists information that the licensee or, if the licensee is an organization, any of its officers, directors, partners, or associates has-(A) Failed to meet the qualifications in 17 CSR 10-2.020(3); (B) Failed to understand and perform the duties and responsibilities of a licensee; (C) Been convicted of a felony or a misdemeanor in federal or state court; (D) Failed to be of good moral character by having a felony conviction, misdemeanor conviction, or city ordinance conviction, an essential element of which is fraud, dishonesty, an act of violence, bribery, illegal drug use, sexual misconduct, and other similar acts constituting moral turpitude as defined by the common law of Missouri except that city ordinance convictions involving driving while intoxicated or driving under the influence of alcohol or drugs will be considered on a case-by-case basis; (E) For armed licensees, been named as the respondent in a full order of protection currently in effect issued after a hearing by a court of competent jurisdiction; (F) Failed to meet the standards as set out herein; (G) Made a false statement or given any false information in connection with an investigation by the Private Officers Licensing Unit (POLU) or the department; (H) Provided other facts or actions which demonstrate that the applicant is unsuitable or ineligible to continue to hold a license; and (I) Being terminated from or resigning under investigation or threat of discharge from a law enforcement agency shall make an individual ineligible for a license, but s/he may appeal to the board pursuant to the appeal process contained in this section.(3) Suspension based on a pending criminal charge which is challenged and pending before a court of competent jurisdiction will continue in effect until a final judgment by a court of competent jurisdiction.(4) When the chief of police or his/her designee determines that a license granted pursuant to section 84.720, RSMo, shall be suspended or revoked, the following procedures shall apply: (A) Notice that the license is under review for an action that could result in probation, suspension, or revocation of a license shall be mailed to the licensee and their company at the address maintained in the POLU;(B) Notice of a license under review for suspension or revocation shall be signed by the chief of police or his/her designee and shall indicate- 1. The basis of the recommendation to suspend or revoke;3. The recommended duration of the suspension, if determinable;4. Recommended conditions of reinstatement, if any; and5. A description of the appeal process;(C) Upon receipt of a notice that a license under review for suspension, or revocation, the individual or organization affected may request a review of the action of the POLU by filing a request for review, in writing, with the POLU within five (5) days of the dated written notification of suspension or revocation at 635 Woodland, Suite 2104, Kansas City, MO 64106;(D) In the event of a request for review of a suspension or revocation of an existing license, the board may by resolution appoint a hearing officer who shall hear the case solely on the record. There is no right to a hearing or presentation to the hearing officer or to the board. The hearing officer shall review the record which shall consist of all documentary evidence obtained by or submitted to the chief of police, the POLU and by the licensee, any agreed upon statement of the case agreed to by all the parties, and the legal briefs as might be filed by the parties or their representatives. The hearing officer shall render a decision in writing within five (5) days of receiving the record by mailing a written decision to the licensee and their company at the address maintained in the POLU. The licensee may appeal the decision of the hearing officer to the board by filing a request for an appeal within ten (10) days of the dated notification of the hearing officer's decision, in writing, by mailing a request to the POLU, 635 Woodland, Suite 2104, Kansas City, MO 64106. The board will consider the appeal solely on the record at their next regularly scheduled meeting and render a final decision;(E) Failure to supply information to the hearing officer or the board will result in the automatic denial of the appeal;(F) The chief of police or his/her designee may place a licensee on probation in lieu of suspension or revocation. AUTHORITY: section 84.720, RSMo 2000.* Original rule filed Dec. 5, 1979, effective March 17, 1980. Amended: Filed May 3, 1988, effective Sept. 29, 1988. Rescinded and readopted: Filed May 28, 1993, effective Jan. 31, 1994. Rescinded and readopted: Filed Dec. 15, 1999, effective Aug. 30, 2000. Rescinded and readopted: Filed March 14, 2013, effective Aug. 30, 2013. Repealed by Missouri Register August 2, 2021/Volume 46, Number 15, effective 9/30/2021Adopted by Missouri Register March 15, 2024/volume 49, Number 6, effective 4/30/2024.*Original authority: 84.720, RSMo 1939, amended 1943, 1993.