Administrative Hearing Commission
Richard Maseles, Esquire
Candidate for registered nursing license could appeal
decision by Board of Nursing to allow her to take exam, then probate
her license for a year after passing the exam. Griffin v. State Board of Nursing, No. 10-2144 BN (Mo. AHC, June 2, 2011), Chapel, C.
Griffin applied to the Board to sit for the National Counsel
Licensing Examination for registered nurses. In response, the Board
issued an order granting her a probated license, if she passed the exam.
Griffin appealed the order to the Commission, and the Board moved to
dismiss the complaint for lack of jurisdiction. The motion was denied.
Jurisdiction arose from Section 324.038, RSMo, which grants
jurisdiction when any licensing board determines that a probated
license should be issued, disagreeing with the Board's contention that
jurisdiction did not begin to run until the probated license was already
granted, i.e., after Griffin passed the exam. It is the Board's
decision that is subject to review, and, under Section 324.038.2, RSMo,
Griffin only had 30 days from that determination in which to appeal.
Owner of building who built addition to the building did not
violate unlicensed practice of architecture or engineering statute by
doing so. Missouri Board of Architects, Professional Engineers, Professional Land Surveyors & Landscape Architects v. Jett, No. 11-0461 AR (Mo. AHC, July 8, 2011), Nelson, C.
Mr. and Mrs. Jett built an addition to a restaurant they owned, but
did not hire a Board-certified architect or professional engineer as
part of the process. The Board alleged that the Jetts' actions
constituted the unlicensed practice of architecture and professional
engineering. The complaint was dismissed for lack of subject matter
jurisdiction. The fact that the Jetts constructed an addition to an
existing building they owned did not constitute the unlicensed practice
of engineering or architecture as set out in Section 327.076.2, RSMo.
Neither Section 327.091, RSMo (defining the practice of architecture)
nor Section 327.181(1), RSMo (defining the practice of professional
engineering) require that every construction project involve the
services of either professional.
The Missouri Bar Courts Bulletin, 11-Jul