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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