36.330. Director to certify employment rights of state and of employees. - Missouri Statutes

Director to certify employment rights of state and of employees.

36.330. 1. No state disbursing or auditing officer shall make orapprove or take any part in making or approving any payment for personalservice to any person employed in a division of service subject to thischapter unless such person is and employed in accordance with theprovisions of this chapter and the regulations adopted pursuant to thischapter. Changes in employment conditions or status which are governed bythis chapter and the regulations adopted pursuant to this chapter shall besubject to the same conditions. The director shall establish theprocedures necessary to secure compliance with this section.

2. Any sum paid contrary to any provision of this chapter or of anyregulations adopted pursuant to this chapter may be recovered for thestate in an action maintained by any citizen of Missouri, from any officerwho made, approved or authorized such payment or who signed orcountersigned a voucher, payroll, check or warrant for such payment, orfrom the sureties on the official bond of any such officer. All moneysrecovered in any such action shall be paid into the state treasury. Anycitizen of Missouri may maintain a suit to restrain a disbursing officerfrom making any payment in contravention of any provision of this chapter,or of any regulations adopted pursuant to this chapter.

3. If the director wrongfully withholds certification of any employeepursuant to this section, such employee may maintain a proceeding to compelthe director to make the appropriate certification.

(L. 1945 p. 1157 § 34, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)