Court Reverses Licensing Decision

The Cole County Circuit Court has reversed a bail bond licensing decision of the Administrative Hearing Commission (AHC). The AHC had ruled that the Department of Insurance (DIFP) had failed to make its case in complaint regarding the discipline of former bondsman Gerald Cummings. Cummings was charged in 2002 (and then convicted in 2005) of possession of a controlled substance and unlawful use of a weapon. He was given a suspended imposition of sentence and given five years probation.

The AHC ruled that final adjudication did not include a suspended imposition of sentence and certified court documents submitted by the DIFP did not state whether Cummings entered “a plea of guilty or nolo contendere” but just said he was “found guilty.” The AHC also ruled that Cummings criminal offenses were committed prior to the 2005 bail bond law and applied the 2002 version of the statute. The AHC said in its decision, “While the January 1, 2005, version of the statute expanded the scope of violations to those against obligations imposed ‘by the laws of this state,' the version effective in 2002 restricted the violations to the provisions of ‘sections 374.700 to 374.775.’ According to the court records, Cummings violated the criminal laws 195.202 and 571.030.1(1), RSMo 2000. Those sections are not within 374.700 to 374.775.”

The DIFP then asked for a judicial review of the AHC decision. The court reversed the AHC decision. In the court’s ruling it stated that applying the law retrospectively is permissible if it is applied procedurally and does not impair any substantive rights vested by the prior statute. The court further said that Missouri courts have held that professional licensing does not confer substantive rights and that licensing is a privilege granted by the state. Finally, the ruling stated that protecting the public health and welfare is the primary purpose of professional licensing statutes and a person who has statutorily been deemed a menace or threat to the public is no less a threat or menace because some, if not all, of his convictions occurred before the effective date of a given statute.

The order gives the DIFP permission to discipline Cummings whose license expired in 2005.