Missouri Laws 454.1008 – Licensing authority’s responsibilities upon receipt of a suspension order
1. Upon receipt of an order suspending a license, a licensing authority shall:
(1) Determine if the licensing authority has issued a license to the obligor whose name appears on the order;
Attorney's Note
Under the Missouri Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,000 |
Terms Used In Missouri Laws 454.1008
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(2) Enter the suspension as effective from the date of the order issued by the court or division;
(3) Issue the notice of the suspension to the licensee; and
(4) If required by law, demand surrender of the suspended license.
2. An order issued by a court or the director suspending a license shall be processed by the licensing authority without any additional review or hearing by such licensing authority.
3. Notwithstanding the provisions of any other law regarding the suspension, revocation, denial, termination or renewal of a license to the contrary, an order issued by a court or the director suspending a license shall be implemented by the licensing authority and continue until the court or division advises the licensing authority that such suspension has been stayed or terminated. The obligor may not appeal the suspension of a license pursuant to sections 454.1000 to 454.1025 pursuant to any other law, including, but not limited to, section 302.311. The exclusive procedure for appeal is provided in sections 454.1000 to 454.1025.
4. If a license is suspended, any funds paid by the obligor to the licensing authority for costs related to issuance, renewal or maintenance of a license shall not be refunded to the obligor.
5. Unless acting pursuant to an order of a court or the director which stays the suspension of a license, an obligor who continues to engage in the business, occupation, profession or other licensed activity while the license is suspended pursuant to this section is guilty of a class A misdemeanor, unless a penalty is otherwise provided. The division or the licensing authority may refer the obligor to the appropriate prosecuting or circuit attorney or the attorney general for prosecution pursuant to this section in addition to any other remedy provided by law for engaging in a licensed activity without a license or while a license is suspended.
6. The licensing authority shall be exempt from liability to the licensee for activities conducted pursuant to this section.
7. The licensing authority shall not modify, remand, reverse, vacate or stay an order of the court or director suspending a license.
8. If the license suspended is a driver’s license, the obligor shall have no rights pursuant to section 302.311.