290.335. Notice of violation, failure to comply, attorney general shall sue, injunctive relief authorized. - Missouri Statutes

Notice of violation, failure to comply, attorney general shall sue,injunctive relief authorized.

290.335. If it is found that a public body, contractor orsubcontractor has not complied with any of the terms of sections290.210 to 290.340, the department shall give notice of theprecise violation in writing to such public body, contractor orsubcontractor. Sufficient time may be allowed for compliancetherewith as the department deems necessary. After theexpiration of the time prescribed in said notice, the departmentmay in writing inform the attorney general of the fact that suchnotice has been given and that the public body, contractor orsubcontractor or the authorized representative or agent thereofto whom it was directed has not complied with such notice. Uponreceipt thereof, the attorney general shall at the earliestpossible time bring suit in the name of the state in the circuitcourt of the county in which such public body is located or whereany such contractor or subcontractor is engaged in any publicworks to enjoin the award of such contract for a public works, orany further work or payments thereunder if the contract has beenawarded, until the requirements of such notice are fully compliedwith. The court may issue a temporary restraining order with duenotice to the defendant in such action. The plaintiff shall inany such injunctive action post an adequate bond to be set by thecircuit judge. Upon final hearing thereof, if the court issatisfied that the requirements of the notice by the departmentto the defendant were not unreasonable or arbitrary, it shallissue an order enjoining the awarding of such contract for apublic works, or any further work or payments thereunder if thecontract has been awarded, until the notice is fully compliedwith. Such injunction shall continue operative until the courtis satisfied that the requirements of such notice have beencomplied with and the court shall have and exercise with respectto the enforcement of such injunctions all the power in it inother similar cases. Both the plaintiff and defendant in suchaction have the same rights of appeal as are provided by law inother injunction proceedings.

(L. 1969 S.B. 142)