Administrative Law

Editor:
Daniel R.E. Jordan, Esquire

Criminal statutes, but not standards, incorporated. Schumer vs. Lee, Director, Department of Public Safety, Case No. 75917 (Mo. App. W.D., July 30, 2013), Pfeiffer, J.

Statutes allowing license discipline incorporate criminal statutes by reference.

Held
: In administrative action, only civil consequences are possible, so protections afforded to accused under criminal law are not due, and statute of limitations on filing criminal action does not apply. Description of assault, and testimony of expert on use of force in police profession, supported an inference that victim was “in apprehension of immediate physical injury” even without victim’s statement in evidence. Statutes expressly allow agency head’s designee to make decision. Under statutes’ bifurcated procedure for discipline, if central panel determines that licensee is subject to discipline, licensing agency determines degree of discipline. Licensing agency need not make additional findings of fact unless unchallenged evidence weighs against discipline.