Missouri Code of State Regulations
Title 11 - DEPARTMENT OF PUBLIC SAFETY
Division 40 - Division of Fire Safety
Chapter 5 - Elevators
Section 11 CSR 40-5.190 - Disciplinary Action
Current through Register Vol. 49, No. 18, September 16, 2024
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:
(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.