209.337. Violations, penalty--injunction granted when--venue. - Missouri Statutes

Violations, penalty--injunction granted when--venue.

209.337. 1. A violation of any provision of sections209.319 to 209.339 is a class A misdemeanor.

2. All fees or other compensation received for servicesrendered in violation of sections 209.319 to 209.339 shall berefunded.

3. The committee may sue in its own name in any court inthis state. The department shall inquire diligently as to anyviolation of sections 209.319 to 209.339, shall institute actionsfor penalties herein prescribed, and shall enforce generally theprovisions of sections 209.319 to 209.339.

4. Upon application by the committee, the attorney generalmay on behalf of the committee request that a court of competentjurisdiction grant an injunction, restraining order or otherorder as may be appropriate to enjoin a person from:

(1) Offering to engage or engaging in the performance ofany acts or practices for which a certificate of registration orauthority, permit or license is required upon a showing that suchacts or practices were performed, offered to be performed withouta certificate of registration or authority, permit or license; or

(2) Engaging in any practice or business authorized by acertificate of registration or authority, permit or licenseissued pursuant to sections 209.319 to 209.339 upon a showingthat the holder presents a substantial probability of seriousharm to the health, safety or welfare of any resident of thisstate or client of the licensee.

5. Any action brought pursuant to the provisions of thissection shall be commenced either in the county in which suchconduct occurred or in the county in which the defendant resides.

6. Any action brought pursuant to this section may be inaddition to or in lieu of any penalty provided by sections209.319 to 209.339 and may be brought concurrently with otheractions to enforce sections 209.319 to 209.339.

(L. 1994 S.B. 568 § 18)