1. If the board, after notice and hearing, concludes that a person has committed an act or is engaging in a course of conduct which would be grounds for disciplinary action under section 340.264 and such act or course of conduct constitutes a clear and present danger to the public health, safety or welfare, the board may file a complaint before the administrative hearing commission requesting an expedited hearing and specifying the activities which give rise to the danger and the nature of the proposed restriction or suspension of the person’s license.

2. The administrative hearing commission shall conduct a preliminary hearing within fifteen days after service of a complaint pursuant to subsection 1 of this section, to determine whether the alleged activities appear to constitute a clear and present danger to the public health, safety or welfare which justifies that the person’s license be immediately restricted or suspended. The administrative hearing commission shall issue its decision immediately after the hearing and either grant the board the authority to suspend or restrict the license or dismiss the action.

Terms Used In Missouri Laws 340.272

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

3. If the administrative hearing commission grants the board temporary authority to restrict or suspend the license, the temporary authority shall become final if the person does not request a full hearing within thirty days of the preliminary hearing. If the person requests a full hearing, the administrative hearing commission shall set a date for the hearing pursuant to chapter 621.