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 2120-2.115 - Procedures for Handling Complaints Against Board Members

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a procedure for the
				  receipt, handling and disposition of complaints filed against members of the
				  board.
(1) Complaints against
				members of the board will be handled in the same manner as complaints against
				other licensees with minor variations specifically described in this
				rule.
(2) When a complaint against
				a board member is received by the staff, the staff shall take steps to make
				sure that the complaint is on the proper form(s) (that is, the Uniform
				Complaint Form). Once the complaint is received in the proper form, the
				complaint will be mailed to all members of the board except the member who is
				the subject of the complaint. The member who is the subject of the complaint
				will automatically receive a summary of the complaint and will receive all
				agendas or other notices pertaining to when and where the complaint will be
				discussed. If the member who is the subject of the complaint requests
				additional information in writing, that information will be provided by the
				staff in consultation with the chairman (or vice-chairman, if the chairman is
				the subject of the complaint). In no event will the member who is the subject
				of the complaint be given information by the board or its staff which would
				reveal the name of the complainant, unless the member would have access if s/he
				were not a member of the board. If the board member learns the complainant's
				identity from the complainant, other board members and the staff subsequently
				may include the complainant's name in communication with the board
				member.
(3) At the meeting when the
				complaint is discussed, the board member who is the subject of the complaint
				shall not be present during discussion of the complaint unless by vote or
				consensus the remaining board members request the presence of the board member
				in question. The board member shall not participate in discussion of the
				complaint as a member of the board but shall participate in the same manner as
				any other licensee who is invited to appear before the board to discuss a
				complaint. The board member may be asked to leave the room at any time during
				the discussion. The board member shall leave the room prior to any vote which
				will determine the manner in which the complaint will be handled.
(4) After the remaining board members have
				completed voting on all action to be taken as a result of the complaint, the
				board member may return to the room. At that time, the board chairman (or
				vice-chairman, if the chairman is the subject of the complaint) will inform the
				board member of the action which the board has decided to take.
(5) If the board decides to have the
				complaint investigated, a copy of the investigative report will be mailed to
				all board members except the board member who is the subject of the complaint.
				The board member who is the subject of the complaint will be sent a copy of any
				notice or agenda which indicates that the investigative report will be
				discussed. The meeting at which the investigative report is discussed will
				follow the same procedures outlined in section (4) for the meeting at which the
				complaint is discussed.
(6) If the
				board chooses to take no further action as a result of the complaint or the
				investigative report, the board member will be informed of this decision. The
				board member will not subsequently have access to the investigative report or
				the complaint unless the member would have that access if s/he were not a
				member of the board.
(7) If the
				board chooses to refer the case to the attorney general's office, the board
				member will be informed of that fact. The board member will not be allowed
				access to the complaint or investigative report by virtue of his/her status as
				a board member. If the attorney assigned to the case chooses to release these
				documents to the board member or if the attorney is required for legal reasons
				to release these documents to the board member, the board member will be
				permitted access to the documents released by the attorney.
(8) The board member will not be present
				during any discussion of the case once the board has voted to refer the case to
				the attorney general's office. The exception to this rule will be only for
				prearranged formal meetings to discuss settlement, if the attorneys for both
				parties agree. The other board members will not discuss the case with the board
				member who is the subject of the case except at the formal meeting.
(9) The board member has the right to be
				represented by counsel at all formal or informal proceedings. Admissions made
				by the board member at or outside a board meeting may be used against the board
				member at hearing.
(10) The board
				member shall not have access to that portion of the minutes of any meeting
				which reflects discussion, motions or votes related to the complaint or case
				against the board member. These minutes shall be kept separately as special
				closed minutes and shall not be shared with the board member by the other board
				members or the staff unless the board member would be entitled to access to the
				minutes if s/he were not a board member.
(11) The provisions of sections (1)-(10) of
				this rule shall apply to any complaint against a Missouri licensed funeral
				establishment at which a member of the board is employed or with which a member
				of the board is associated.
(12)
				The provisions of sections (1)-(10) of this rule shall apply to any complaint
				against any preneed registrant by which a member of the board is employed or
				with which a member of the board is associated, including, but not limited to,
				a complaint against a preneed seller who sells for a Missouri licensed funeral
				establishment with which a member of the board is associated. A board member
				will be considered to be employed by or associated with a preneed registrant if
				the board member receives a salary or wages from the preneed registrant or if a
				board member has an ownership interest in a preneed registrant. However, these
				procedures shall not apply to a board member who only receives commissions from
				the preneed registrant. Each member of the board shall keep the board's
				executive director notified of the preneed registrants by which the board
				member is employed and with which the board member is associated.
(13) The remaining members of the board may
				vote to exclude a member from participating in any matter based upon a conflict
				of interest. The vote must be a majority vote of all of the members present and
				voting except the member who is the subject of the vote. Participation shall
				include, but not be limited to, receipt of materials, presence during
				discussion and voting.
*Original authority: 333.111 , RSMo 1965, amended 1981,
					 1993.