344.070. Board officers, how selected--duties and powers of board--rules and regulations, procedure.

Board officers, how selected--duties and powers of board--rules andregulations, procedure.

344.070. 1. The board shall annually elect one of its members aspresident, another as vice president, and another as secretary. It shalladopt an official seal. It shall file and preserve all writtenapplications, petitions, complaints, charges or requests made or presentedto it. It shall cause to be kept accurate records and minutes of itsproceedings, and shall maintain a register of the names and addresses ofall persons holding licenses as nursing home administrators. A copy of anyentry in the register, or of any records or minutes of the board, certifiedby the president or secretary of the board under its seal, shall bereceived in evidence, to all intents and purposes as the original. Theboard may employ such part- or full-time clerical assistance, purchase suchequipment and supplies, employ legal counsel, employ a part- or full-timeinvestigator, and incur travel and other expense, within the limits of itsappropriations.

2. The board shall adopt, amend and repeal rules and regulationsnecessary to carry out the provisions of sections 344.020 to 344.108. Anyrule or regulation under the authority of sections 344.020 to 344.108 shallbe promulgated in accordance with chapter 536, RSMo. The committee onadministrative rules may file a complaint in accordance with the provisionsof chapter 536, RSMo, before the commission contesting the validity of anyrule purportedly promulgated under the authority of sections 344.020 to344.108. On filing any complaint in accordance with this section, theadministrative hearing commission shall immediately suspend that portion ofthe rule which is challenged until the commission has determined thematter. The commission shall hold a hearing within ten days of the filingto determine the matter. No rule or portion of a rule promulgated underthe authority of this chapter shall become effective unless it has beenpromulgated pursuant to the provisions of section 536.024, RSMo.

3. The board shall examine, license, and renew the license of dulyqualified applicants, and shall conduct hearings affording due process oflaw, upon charges calling for discipline of a licensee. The board shallrefer to the appropriate prosecuting attorney information regarding anypersons violating the provisions of sections 344.010 to 344.108 and mayincur necessary expenses therefor.

(L. 1969 3d Ex. Sess. H.B. 33 § 7, A.L. 1979 S.B. 145, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2007 H.B. 686 merged with H.B. 780)