The Cole County Circuit Court has reversed the decision of the Administrative Hearing Commission in the Donald Christian licensing case, ruling that current statutes could be retrospectively applied in licensing issues.
Christian pleaded guilty in 1998 to possession of a controlled substance and according to the DIFP’s complaint, was sentenced to three years in the Missouri Department of Corrections. In 2005, Christian was issued a bail bond license. In November 2006, the department filed a complaint with the AHC, seeking to discipline Christian’s license because of the conviction. In May, the AHC issued a ruling that the DIFP had no cause to discipline because the statutes currently in effect could not be applied retrospectively to the time Christian pleaded guilty. The DIFP then filed a petition for review in the Cole County Circuit Court. The court said in its ruling that retroactive application of the statutes did not violate any of Christian’s rights and that the licensing agency has a vital interest in safeguarding the public’s health and welfare. In summary, the court said that the Director had established cause to discipline the licensee and ordered the AHC to reverse its findings and make a decision consistent with the court’s judgment.
According to the records, Christian was not present at the AHC hearing or the judicial review proceedings. He was not represented by counsel.
Links to previous posts
DIFP Files for Judicial Review
AHC Rules No Cause to Discipline
Friday, November 30, 2007
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Although Missouri Bondsman encourages debate on topics of interest to the bail industry, please be aware that comments are moderated. Please observe the posting rules. No comments will be printed that contain spam, profanity, or libelous comments. Please post comments in a civil, professional manner.