436.233. Sanctioning of certificate of registration, when--complaint procedure.
Sanctioning of certificate of registration, when--complaintprocedure.
436.233. 1. The director may revoke, suspend, or refuse to renew anycertificate of registration required under this chapter for one or anycombination of causes stated in subsection 2 of this section. The directorshall notify the applicant in writing of the reasons for the refusal andshall advise the applicant of the applicant's right to file a complaintwith the administrative hearing commission as provided by chapter 621,RSMo.
2. The director may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any certificate of registration required by this chapter orany person who has failed to renew or has surrendered the person'scertificate of registration for any one or any combination of the followingcauses:
(1) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions or duties under thischapter, for any offense an essential element of which is fraud, dishonestyor an act of violence, or for any offense involving moral turpitude,whether or not sentence is imposed;
(2) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration under this chapter;
(3) Misconduct, fraud, misrepresentation, dishonesty, unethicalconduct or unprofessional conduct in the performance of the functionsregulated by this chapter including but not limited to the following:
(a) Obtaining or attempting to obtain any fee, charge, tuition, orother compensation by fraud, deception, or misrepresentation;
(b) Attempting directly or indirectly by way of intimidation,coercion or deception to obtain consultation;
(c) Failure to comply with any subpoena or subpoena duces tecum fromthe director;
(d) Failing to inform the director of the athlete agent's currentresidence and business address;
(4) Violation of, or attempting to violate, directly or indirectly,or assisting or enabling any person to violate, any provision of thischapter, or of any lawful rule or regulation adopted under this chapter;
(5) Impersonation of any person holding a certificate of registrationor allowing any person to use his or her certificate of registration;
(6) Violation of the drug laws or rules and regulations of thisstate, any other state, or the federal government;
(7) Knowingly making, or causing to be made, or aiding, or abettingin the making of, a false statement in any birth or other certificate ordocument executed in connection with the transaction;
(8) Soliciting patronage in person, by agents, by representatives, orby any other means or manner, under the person's own name or under the nameof another person or concern, actual or pretended in such a manner as toconfuse, deceive, or mislead the public;
(9) A pattern of personal use or consumption of any controlledsubstance unless it is prescribed, dispensed or administered by a physicianwho is authorized by law to do so.
3. After the filing of such complaint before the administrativehearing commission, the proceedings shall be conducted in accordance withthe provisions of chapter 621, RSMo. Upon a finding by the administrativehearing commission that the grounds provided in subsection 2 of thissection for disciplinary action are met the director may singly or incombination warn, censure, or place the person named in the complaint onprobation on such terms and conditions as the director deems appropriatefor a period not to exceed six months, or may suspend the person'scertificate of registration period not to exceed one year, or restrict orlimit the person's certificate of registration for an indefinite period oftime, or revoke the person's certificate of registration.
4. In any order of revocation, the director may provide that theperson may not apply for reinstatement of the person's certificate ofregistration for a period of time ranging from two to seven years followingthe date of the order of revocation. All stay orders shall toll this timeperiod.
(L. 2004 S.B. 1122)