§ 67-19. Procedure for denial, suspension, revocation or refusal to renew a license.
(a)
Notice to applicant or licensee. Prior to denial of an original or renewal license application, or suspension or revocation of an existing license, the director will notify the applicant or licensee in writing of the proposed action.
(b)
Contents of notice. The notice will include at least the following items:
(1)
Nature of the proposed adverse action.
(2)
Basis for believing adverse action should be taken by the director.
(3)
Effective date of the proposed action absent a request for a hearing.
(4)
Right to request a hearing before the director.
(5)
Date by which the director must receive a request for a hearing.
(c)
Actions by the director.
(1)
Suspension. The director may suspend a license when in the director's opinion the actions complained of do not represent a pattern or practice of violations of rules or regulations - federal, state or local - applicable to surety recovery agents, and it is believed suspension will result in corrected behavior by the licensee.
(2)
Revocation. The director may revoke a license when in the director's opinion the actions complained of represent a pattern or practice of violations of rules or regulations - federal, state or local - applicable to surety recovery agents, and it is believed suspension will not result in corrected behavior by the licensee, or that the misbehavior is too serious to permit a temporary suspension of the licensee's authority to act as a surety recovery agent.
(d)
Request for hearing. An applicant or licensee may request a hearing by submitting a written request to the director within 10 days of the date of the notice of the proposed action. A request for a hearing shall be in such form and shall contain such information as the director may by regulation require. An hearing application fee of $50.00 must accompany the written application. Any request received by the director after the 10 day period is untimely. Failure of a person entitled to a hearing under this code shall constitute a waiver of the person's right to an administrative hearing and adjudication of the person's complaint, and such person shall be estopped to deny the validity of any order or action of the director which could have been timely appealed to the director.
(e)
Conduct of hearing. If the applicant or licensee requests a hearing before the director, the following procedure will be followed:
(1)
The hearing will be held no less than seven days from the date of receipt of the request for a hearing.
(2)
The director is authorized to administer oaths to those testifying.
(3)
The applicant or licensee may question witnesses and present evidence.
(4)
The hearing will be transcribed. The transcript may be obtained from the court reporter at the cost of the requesting party.
(5)
The director will issue written findings of fact and conclusions of law.
(f)
Appeals. Adverse decisions of the director may be appealed pursuant to the provisions of the Missouri Administrative Procedure and Review Act.
(g)
New application. A person whose license was revoked may reapply for a license no sooner than two years following the director's action. An application shall be treated as a new application.
(h)
Renewal pending suspension or revocation. If a license expires while the director is considering the suspension or revocation of a license, the license will be renewed, if all other requirements are met, subject to the continuation of the suspension or revocation process. The expiration of a license does not bar the investigation of any incident occurring during a period in which the persons was licensed.
(i)
Decision of the director after a hearing. Following a hearing on a recommended suspension or revocation, the director may take any action appropriate including suspension, even if revocation was originally recommended, or revocation, even if suspension was originally recommended. The director may take no action and dismiss the recommendation.
(Ord. No. 021454, § 1, 4-3-03)