Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2085 - Board of Cosmetology and Barber Examiners › Chapter 2 - Public Complaint Handling and Disposition Procedures › Section 20 CSR 2085-2.010 - Public Complaint Handling and Disposition Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a procedure for the
				  receipt, handling and disposition of public complaints by the
				  board.
(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.
*Original authority: 328.150, RSMo 1939, amended 1951,
					 1981; 329.025, RSMo 2005; 329.140, RSMo 1939, amended 1945, 1951, 1979, 1981,
					 1995, 1998; and 620.010, RSMo 1973, amended 1981, 1983, 1986, 1989, 1990, 1993,
					 1994, 1995, 1999, 2001, 2007.