Section 21 Due Process

• Library: Administrative Law 2011

Under § 621.100.1, RSMo Supp. 2010, the board or the Attorney General has the authority to file a written complaint with the AHC. Some boards are given the specific authority to file an emergency action in the AHC for immediate health, safety, and welfare concerns. See, e.g., §§ 340.272 and 334.102, RSMo 2000, and § 338.055.4, RSMo Supp. 2010. A due process violation requires a deprivation of life, liberty, or property. Lane v. State Comm. of Psychologists, 954 S.W.2d 23 (Mo. App. E.D. 1997).

Procedural due process requires that the complaint specify the basis for disciplining the licensee with reasonable particularity so that the licensee has knowledge and can adequately prepare a defense. Sander v. Mo. Real Estate Comm’n, 710 S.W.2d 896 (Mo. App. E.D. 1986). See also §...