20 CSR 2085-2.010 - Public Complaint Handling and Disposition Procedures
(1) The
State Board of Cosmetology and Barber Examiners shall receive and process each
complaint made in writing against any licensee, permit (registration) holder,
registrant of the board or unlicensed individual or entity, which alleges
certain acts or practices which may constitute one (1) or more violations of
the provisions of Chapters 328 and 329, RSMo. Any member of the public or the
professions licensed, or any federal, state or local official, may make and
file a complaint with the board. Complaints from sources outside Missouri will
be received and processed in the same manner as those originating in
Missouri.
(2) The board, executive
director, or any staff member of the board may file a complaint pursuant to
this rule in the same manner as any member of the public. No member of the
State Board of Cosmetology and Barber Examiners shall file a complaint with the
board while he/she holds that office, unless that member excuses him/herself
from further board deliberations or activity concerning the matters alleged
within that complaint.
(3)
Complaints may be made on forms provided by the board and are available upon
request. Complaints should be mailed or delivered to the following address:
Executive Director, State Board of Cosmetology and Barber Examiners, PO Box
1062, Jefferson City, MO 65102. However, actual receipt of the complaint by the
board at its administrative office in any manner shall be sufficient.
Complaints may be made based upon personal knowledge or upon information and
belief reciting information received from other sources.
(4) All complaints shall be made in writing,
signed and shall fully identify the nature of the complaint and the name and
address of the complainant. The board may require that a complaint be made by
affidavit sworn before a notary public or other authorized officer and that the
complaint fully identify the affiant by name and address. Oral, telephone,
written but unsworn or unsigned communications of any sort may not be
considered or processed as complaints, however, the person making these
communications, if known, may be provided with a complaint form and requested
to complete it and return it to the board in affidavit form. Any member of the
administrative staff of the board may make and file a complaint based upon
information and belief, in reliance upon oral, telephone or written
communications received by the board, unless those communications are believed
by that staff member to be false.
(5) Each complaint received under this rule
shall be acknowledged in writing. The acknowledgement shall state that the
complaint is being referred to the board for consideration at its next
regularly scheduled meeting. The complainant shall be informed in writing as to
whether the complaint is being investigated, and later, as to whether the
complaint is being dismissed by the board. The complainant shall be notified of
the ultimate disposition of the complaint by the board and shall be provided
with copies of any decisions of the Administrative Hearing Commission and the
board at that time. The provisions of this section shall not apply to
complaints filed by staff members of the board, based on information and
belief, acting in reliance on third party information received by the
board.
(6) Each complaint received
under this rule shall be logged in consecutive order as received. The log shall
contain a record of each complainant's name and address; the name and address
of the subject(s) of the complaint; the date each complaint is received by the
board; a brief statement of the acts complained of, including the name of any
person injured or victimized by the alleged acts or practices; a notation
whether the complaint resulted in its dismissal or closure by the board or
formal charges being filed with the Administrative Hearing Commission; and the
ultimate disposition of the complaint.
(7) Both the complaint and any information
obtained as a result of the investigation shall be considered a closed record,
pursuant to section 620.010.14(7), RSMo, and shall not be available for
inspection by the general public. However, upon receipt of a signed
authorization on a form provided by the board from the person who is the
subject of the complaint and payment of any applicable fee, the board shall
provide that person, or that person's authorized representative, with a copy of
the complaint and any attachments to the complaint unless otherwise
privileged.
(8) This rule shall not
be deemed to limit the board's authority to file a complaint with the
Administrative Hearing Commission charging a licensee, permit holder or
registrant of the board with any actionable conduct or violation, whether or
not the complaint exceeds the scope of the acts charged in a preliminary public
complaint filed with the board and whether or not any public complaint has been
filed with the board.
(9) The board
interprets this rule, as required by law, to exist for the benefit of those
members of the public who submit complaints to the board, and for those persons
or entities within the legislative and executive branches of government having
supervisory or other responsibilities or control over the professional
licensing boards. This rule shall not be deemed to protect or inure to the
benefit of those licensees, permit holders, registrants or other persons
against whom the board has instituted or may institute administrative or
judicial proceedings concerning possible violations of the provisions of
Chapters 328 and 329, RSMo.
Notes
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