Mo. Rev. Stat. § 192.2558 — MO Code / Chapter 192 / Section 192.2558
192.2558 Sanction of license procedure — immediate suspension, when — court action, when.
Status: in_force

192.2558. Sanction of license procedure — immediate suspension, when — court action, when. — 1. If the department proposes to deny, place on probation, or revoke a license, the department shall serve upon the applicant or licensee written notice of the proposed action to be taken. The notice shall contain a statement of the type of action proposed, the basis for it, the date the action will become effective, and a statement that the applicant or licensee shall have thirty days to request in writing a hearing before the administrative hearing commission and that such request shall be made to the department. If no written request for a hearing is received by the department within thirty days of the delivery or mailing by certified mail of the notice to the applicant or licensee, then the proposed discipline shall take effect on the thirty-first day after such delivery or mailing of the notice to the applicant or licensee. If the applicant or licensee makes a written request for a hearing, the department shall file a complaint with the administrative hearing commission within thirty days of receipt of the request for a hearing.

2. The department shall immediately suspend and propose to revoke any prescribed pediatric extended care facility license if the department of elementary and secondary education immediately suspends the licensee's license to operate a child care facility. The immediate suspension of the license to operate a child care facility shall be sufficient grounds for the department of health and senior services to immediately suspend and revoke the prescribed pediatric extended care license.

3. The department shall immediately suspend and propose to revoke any prescribed pediatric extended care license if the department of elementary and secondary education revokes the licensee's license to operate a child care facility. The revocation of the license to operate a child care facility shall be sufficient grounds for the department of health and senior services to immediately suspend and revoke the prescribed pediatric extended care license.

4. The department may immediately suspend any license simultaneously with the notice of the proposed action to be taken in subsection 1 of this section if the department finds that there is a threat of imminent bodily harm to the children in the care of the prescribed pediatric extended care facility.

5. The notice of immediate suspension shall include the basis of the immediate suspension and the appeal rights of the licensee pursuant to this section. The licensee may appeal the decision to immediately suspend the license to the department. The appeal shall be filed within ten days from the delivery or mailing by certified mail of the notice of appeal. A hearing shall be conducted by the department within fifteen days from the date the appeal is filed. The immediate suspension shall continue in effect until the conclusion of the proceedings, including review thereof, unless sooner withdrawn by the department or stayed by a court of competent jurisdiction.

6. Any person aggrieved by a final decision of the department made in the administration of sections 192.2550 to 192.2560 shall be entitled to judicial review thereof as provided in chapter 536 .

7. In cases of imminent bodily harm to children in the care of a prescribed pediatric extended care facility, including an unlicensed facility not exempt under section 192.2552 , the department may file suit in the circuit court of the county in which the prescribed pediatric extended care facility is located for injunctive relief, which may include removing children from the facility, overseeing the operation of the facility, or closing the facility. The department may request that the attorney general bring the action in place of the department. Failure by the department to file suit under the provisions of this subsection shall not be construed as creating any civil liability or incurring other obligations or duties, except as otherwise specified.

(L. 2024 S.B. 1111)