315.041. License refused or revoked, when--notice, how served--extension of time to comply with standards granted when--hearing, request when, held when--rights of licensee.
License refused or revoked, when--notice, how served--extension oftime to comply with standards granted when--hearing, request when,held when--rights of licensee.
315.041. 1. The department director may refuse the issuanceof a license, or may revoke a license as provided for herein, atany time the director determines that such lodging establishmentis not in compliance with sections 315.005 to 315.065. If at anytime the department director determines that a lodgingestablishment is not in compliance with sections 315.005 to315.065, the department director shall notify the owner of thelodging establishment of such alterations or changes as may bedeemed necessary to be in compliance therewith. Upon receipt ofany such notice of noncompliance, an owner may request a hearingbefore the department director upon filing a written requestwithin ten days after receipt of such notice. The owner shall beallowed a reasonable period of time following receipt of thenotice, or the hearing before the department director, in orderto comply with the department standards. At the expiration ofthe period of time allowed by the department director, thedepartment director shall review the progress of the owner'sattempts to be in compliance with the department standards andmay grant additional reasonable periods of time for compliance.Upon expiration of the time to comply with such departmentstandards, and any extensions thereof, the department director isauthorized to revoke or not renew the license to operate thelodging establishment as provided for in sections 315.005 to315.065. Before revoking or not renewing the license, thedepartment director shall give written notice to the licenseesetting forth the reasons for the proposed action and fixing thedate of a hearing, not less than thirty days from the date ofmailing or delivering of such notice, before the departmentdirector. The licensee is entitled to appear with an attorneyand will call witnesses as may be desired. Any decision of thedepartment director shall be subject to the provisions of chapter536, RSMo. An establishment may remain in operation during ajudicial review unless the department director determines that animminent health or safety hazard exists.
2. All notices served by the department shall be in writingand shall be either delivered in person by the department or byregistered or certified mail to the owner.
(L. 1985 S.B. 279 § 9 subdivs. (2), (3))Effective 8-9-85