Missouri Laws 590.090 – Suspension of a license, when, procedure
1. The director shall have cause to suspend immediately the peace officer license of any licensee who:
(1) Is under indictment for, is charged with, or has been convicted of the commission of any felony;
Terms Used In Missouri Laws 590.090
- 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.
- Commission: when not obviously referring to the POST commission, means a grant of authority to act as a peace officer. See Missouri Laws 590.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Director: the director of the Missouri department of public safety or his or her designated agent or representative. See Missouri Laws 590.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Peace officer: a law enforcement officer of the state or any political subdivision of the state with the power of arrest for a violation of the criminal code or declared or deemed to be a peace officer by state statute. See Missouri Laws 590.010
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
(2) Is subject to an order of another state, territory, the federal government, or any peace officer licensing authority suspending or revoking a peace officer license or certification; or
(3) Presents a clear and present danger to the public health or safety if commissioned as a peace officer.
2. At any time after the filing of a disciplinary complaint pursuant to section 590.080, if the director determines that probable cause exists to suspend immediately the peace officer license of the subject of the complaint, the director may, without notice or hearing, issue an emergency order suspending such license until final determination of the disciplinary complaint. Such order shall state the probable cause for the suspension and shall be served upon the licensee by certified mail at the licensee’s address of record pursuant to subdivision (2) of subsection 3 of section 590.130*. Proof of refusal of the licensee to accept delivery or the inability of postal authorities to deliver such certified mail shall be evidence that required notice has been given. The director shall also notify the chief executive officer of any law enforcement agency currently commissioning the officer. The director shall have authority to dissolve an emergency order of suspension at any time for any reason.
3. A licensee subject to an emergency order of suspension may petition the administrative hearing commission for review of the director’s determination of probable cause, in which case the administrative hearing commission shall within five business days conduct an emergency hearing, render its decision, and issue findings of fact and conclusions of law. Sworn affidavits or depositions shall be admissible on the issue of probable cause and may be held sufficient to establish probable cause. The administrative hearing commission shall have no authority to stay or terminate an emergency order of suspension without a hearing pursuant to this subsection. Findings and conclusions made in determining probable cause for an emergency suspension shall not be binding on any party in any proceeding pursuant to section 590.080.
4. Any party aggrieved by a decision of the administrative hearing commission pursuant to this section may appeal to the circuit court of Cole County as provided in section 536.100.