Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.110 - Public Complaint Handling and Disposition Procedure

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, pursuant
				  to the mandate of section 4.16(6) of the Omnibus State Reorganization Act of
				  1974, Appendix B, RSMo.
(1)
				The State Board of Embalmers and Funeral Directors shall receive and process
				each complaint made against any licensee, permit holder, registrant of the
				board or unlicensed individual or entity, which complaint alleges certain acts
				or practices which may constitute one (1) or more violations of the provisions
				of Chapter 333, RSMo. Any member of the public or the profession, or any
				federal, state or local officials may make and file a complaint with the board.
				Complaints shall be received from sources outside Missouri and processed in the
				same manner as those originating within Missouri. No member of the State Board
				of Embalmers and Funeral Directors shall file a complaint with this board while
				s/he holds that office, unless that member excuses him/herself from further
				board deliberations or activity concerning the matters alleged within that
				complaint. The 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.
(2) Complaints should be
				mailed or delivered to the following address: Executive Director, State Board
				of Embalmers and Funeral Directors, 3605 Missouri Boulevard, PO Box 423,
				Jefferson City, MO 65102-0423. However, actual receipt of the complaint by the
				board at its administrative offices in any manner shall be sufficient.
				Complaint may be made based upon personal knowledge, or upon information and
				belief, reciting information received from other sources.
(3) All complaints shall be made in writing
				and shall fully identify the complainant by name and address. Complaints shall
				be made on forms provided by the board and available upon request. Oral or
				telephone communications will not be considered or processed as complaints, but
				the person making these communications will be provided with a complaint form
				and requested to complete it and return it to the board in written form. Any
				member of the administrative staff of the board or any member 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.
(4) Each complaint received under this rule
				shall be logged in a book and/or database maintained by the board for that
				purpose. Complaints shall be logged in consecutive order as received. The
				logbook and/or database 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 by the
				board or informal charges being filed with the Administrative Hearing
				Commission; and the ultimate disposition of the complaint. This logbook and/or
				database shall be a closed record of the board.
(5) Each complaint received under this rule
				shall be acknowledged in writing. The acknowledgment shall state that the
				complaint is being referred to the board for consideration at its next
				regularly scheduled meeting. The complainant shall be informed as to whether
				the complaint is being investigated, and later, as to whether the complaint has
				been dismissed by the board, or is being referred to legal counsel for filing
				with the Administrative Hearing Commission. The complainant shall be notified
				of the ultimate disposition of the complaint, excluding judicial appeals and
				shall be provided with copies of the decisions (if any) of the Administrative
				Hearing Commission and the board at that time. Provided, that 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) The
				chairman of the board, from time-to-time and as s/he deems necessary, may
				instruct the board inspector/investigator to investigate any complaint before
				the complaint has been considered at a regularly scheduled board meeting. The
				inspector/investigator shall provide a report of any actions taken to the board
				at its next regularly scheduled meeting.
(7) Both the complaint and any information
				obtained as a result of the investigation shall be considered a closed record
				and shall not be available for inspection by the general public. However, a
				copy of the complaint and any attachments shall be provided to any licensee who
				is the subject of that complaint, or his/her legal counsel, upon written
				request to the board.
(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 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, which is
				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
				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 proceeding concerning possible violations of the provisions of
				Chapter 333, RSMo.
*Original authority: 333.111 , RSMo 1965, amended 1981,
					 1993 and 620.010, 1973 amended 1981, 1983, 1986, 1989, 1990, 1993, 1994, 1995,
					 1999, 2001.