339.549. Violation of law--civil penalties--injunctions, venue. - Missouri Statutes

Violation of law--civil penalties--injunctions, venue.

339.549. 1. It is unlawful for any person not certified or licensedpursuant to sections 339.500 to 339.549 to perform any act for whichcertification or licensure is required. Upon application by thecommission, and the necessary burden having been met, a court may grant aninjunction, restraining order or other order as may be appropriate toenjoin a person from:

(1) Offering to engage or engaging in the performance of any acts orpractices for which a certificate or license is required by sections339.500 to 339.549 upon a showing that such acts or practices wereperformed or offered to be performed without a certificate or license; or

(2) Engaging in any practice or business authorized by a certificateor license issued pursuant to sections 339.500 to 339.549 upon a showingthat the holder presents a substantial probability of serious danger to thehealth, safety or welfare of any resident of this state or client of thecertificate holder or licensee.

2. Any such action shall be commenced in the county in which suchconduct occurred or in the county in which the defendant resides.

3. Any actions brought pursuant to this section shall be in additionto and not in lieu of any penalty provided by sections 339.500 to 339.549and may be brought concurrently with other actions to enforce theprovisions of this chapter.

(L. 1998 H.B. 1601, et al.)