374.280. Civil penalty or forfeiture ordered when, how enforced. - Missouri Statutes

Civil penalty or forfeiture ordered when, how enforced.

374.280. 1. The director may, after a hearing under section 374.046,order a civil penalty or forfeiture payable to the state of Missouriauthorized by section 374.049, which penalty or forfeiture, if unpaidwithin ten days, may be recovered by a civil action brought by and in thename of the director under section 374.048. The civil action may bebrought in the county which has venue of an action against the person,partnership or corporation under other provisions of law. The director mayalso suspend or revoke the license or certificate of authority of suchperson for any willful violation.

2. Nothing contained in this section shall be construed to prohibitthe director and any person subject to an investigation, examination, orother proceeding from agreeing to a voluntary forfeiture of the summentioned herein without civil proceedings being instituted. Any sum soagreed upon shall be paid into the school fund as provided by law for otherfines and penalties.

(L. 1967 p. 516, A.L. 1993 H.B. 709, A.L. 2007 S.B. 66)

(1982) Legislature did not expressly provide private cause of actions for violation of section 379.118, although director of division of insurance may suspend or revoke license of an insurer for any willful violation of chapter 374. Shqeir v. Equifax, Inc. (Mo.banc) 636 S.W.2d 944.