Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2234 - Board of Private Investigator and Private Fire Investigator Examiners › Chapter 1 - General Rules › Section 20 CSR 2234-1.040 - Complaint Handling and Disposition

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a procedure for the receipt,
				  handling, and disposition of complaints involving private investigators and
				  private fire investigators.
(1) The
				Division of Professional Registration, in coordination with the Board of
				Private Investigator and Private Fire Investigator Examiners, will receive and
				process each complaint made against any licensee, unlicensed individual, or
				entity, in which the complaint alleges certain acts or practices may constitute
				one (1) or more violations of provisions of sections 324.1100-324.1148, RSMo,
				or the administrative rules involving private investigators or private fire
				investigators. Any division staff member or board member may file a complaint
				pursuant to this rule in the same manner as any member of the public.
(2) Complaints may be mailed or delivered to
				the following address: Board of Private Investigator and Private Fire
				Investigator Examiners, 3605 Missouri Boulevard, PO Box 1335, Jefferson City,
				MO 65102. However, actual receipt of the complaint by the board at its
				administrative offices in any manner shall be sufficient. Complaints may be
				based upon personal knowledge, upon information and belief, or reciting
				information received from other sources.
(3) All complaints shall be made in writing.
				Oral or telephone communications will not be considered or processed as
				complaints, but the person making those communications will be asked to
				supplement such communications with a complaint. Information received in
				accordance with this section may be reduced to a complaint by the executive
				director.
(4) Each complaint
				received under this rule will be logged and maintained by the board. The log
				will contain a record of each complainant's name; the name and address of the
				subject(s) of the complaint; the date each complaint is received by the board;
				a brief statement concerning the alleged acts or practices; a notation
				indicating the complaint was closed by the board or a disciplinary action was
				filed with the Administrative Hearing Commission; and the ultimate disposition
				of the complaint. This log shall be a closed record of the board.
(5) Each complaint received according to this
				rule shall be acknowledged in writing. The complainant and the subject of the
				complaint shall be notified in writing of the ultimate disposition of the
				complaint.
(6) This rule shall not
				be deemed to limit the authority to file a complaint with the Administrative
				Hearing Commission charging the licensee with any actionable conduct or
				violation, whether or not such a complaint exceeds the scope of the acts
				charged in a complaint filed with the board.
(7) This rule exists for the benefit of those
				members of the public who submit complaints to the board. This rule is not
				deemed to protect or inure to the benefit of those licensees or other persons
				against whom the board has instituted or may institute administrative or
				judicial proceedings concerning possible violations of the provisions of
				sections 324.1100-324.1148, RSMo.
*Original authority: 324.002, RSMo 2008 and 324.1138, RSMo
					 2007.