266.347. Penalties payable to purchaser or director, collection procedure. - Missouri Statutes

Penalties payable to purchaser or director, collection procedure.

266.347. 1. The penalties assessed by the director undersection 266.343 shall be paid by the distributor to the purchaserof such fertilizer, and in the event such purchaser cannot beascertained, then said penalty shall be paid to the director andused for the purposes specified in section 266.321, except themaximum paid the purchaser will approximate the actual value ofthe deficiency.

2. The director shall prepare a written certification ofpenalties assessed under section 266.343 addressed to thedistributor. A copy of such certification of assessment shall bemailed to the distributor liable for the penalty.

3. Any decision, finding, order or ruling of the directormade pursuant to the provisions of sections 266.291 through266.351 shall be subject to judicial review in the mannerprovided by chapter 536, RSMo.

4. If any distributor shall fail to pay any penalty assessedby the director after the time for judicial review has expired,or after any judgment or decree approving such assessment hasbecome final, the person entitled to such penalty under theprovisions of subsection 1 shall be entitled to bring a civilaction to recover the same, and in such civil action such personsshall be entitled to recover from the distributor the amount ofthe penalty, a reasonable attorney's fee and costs of the action.

(L. 1959 H.B. 236 § 266.350)