Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2267 - Office of Tattooing, Body Piercing, and Branding&lt;/ › Chapter 6 - Complaints and Investigation › Section 20 CSR 2267-6.020 - Public 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 public complaints pursuant to section
				  620.010.15(6), RSMo.
(1) The
				Division of Professional Registration shall receive and process each complaint
				made against any licensed practitioner and/or establishment in which the
				complaint alleges certain acts or practices may constitute one
(1) or more violations of the provisions in
				sections
				324.520
				to
				324.524, RSMo, or the
				regulations promulgated thereunder. Any division staff member may file a
				complaint pursuant to this rule in the same manner as any member of the
				public.
(2) Written complaints
				shall be submitted to the Division of Professional Registration. Complaints may
				be 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, if available.
				Verbal or telephone communication will not be considered or processed as a
				complaint, however, the person making such communication will be asked to
				supplement the communication with a written complaint.
(4) Each complaint received under this rule
				will be logged and maintained by the division. The log will contain a record of
				each complainant's name, if available; the name and address of the subject(s)
				of the complaint, if available; the date each complaint is received by the
				office; a brief statement concerning the alleged acts or practices; a notation
				including whether the complaint was dismissed or disciplinary action pursued;
				and the ultimate disposition of the complaint. This log shall be a closed
				record of the office.
(5) Each
				complaint received under this rule shall be acknowledged in writing within
				thirty (30) days. The complainant and licensee or establishment shall be
				notified of the ultimate disposition of the complaint.
(6) Failure of a licensee to respond in
				writing, within thirty (30) days from the date of the division's written
				request or inquiry, mailed to the licensee's address currently registered with
				the office, shall be sufficient grounds for taking disciplinary action against
				that licensee.
(7) This rule shall
				not be deemed to limit the division's authority to file a complaint with the
				Administrative Hearing Commission charging the licensee or establishment with
				any actionable conduct or violation, whether or not such a complaint exceeds
				the scope of the acts charged in a preliminary complaint filed with the
				division.
(8) The division
				interprets this rule to exist for the benefit of those members of the public
				who submit complaints. This rule is not deemed to protect, or inure to the
				benefit of those licensees, or other persons against whom the division has
				instituted or may institute administrative or judicial proceedings concerning
				possible violations of the provisions of sections
				324.520
				to
				324.524,
				RSMo.