385.430. Enforcement authority--administrative orders permitted. - Missouri Statutes

Enforcement authority--administrative orders permitted.

385.430. 1. The director may conduct examinations of warrantors,administrators, or other persons to enforce sections 385.400 to 385.436 andprotect warranty holders in this state. Upon request of the director, awarrantor shall make available to the director all accounts, books, andrecords concerning vehicle protection products provided by the warrantorthat are necessary to enable the director to reasonably determinecompliance or noncompliance with sections 385.400 to 385.436.

2. If the director determines that a person has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice, orcourse of business constituting a violation of sections 385.400 to 385.436or a rule adopted or order issued pursuant thereto, or a person hasmaterially aided or is materially aiding an act, practice, omission, orcourse of business constituting a violation of sections 385.400 to 385.436or a rule adopted or order issued pursuant thereto, the director may issuesuch administrative orders as authorized under section 374.046, RSMo. Aviolation of these sections is a level two violation under section 374.049,RSMo.

3. If the director believes that a person has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice, orcourse of business constituting a violation of sections 385.400 to 385.436or a rule adopted or order issued pursuant thereto, or that a person hasmaterially aided or is materially aiding an act, practice, omission, orcourse of business constituting a violation of sections 385.400 to 385.436or a rule adopted or order issued pursuant thereto, the director maymaintain a civil action for relief authorized under section 374.048, RSMo.A violation of these sections is a level two violation under section374.049, RSMo.

(L. 2008 S.B. 930 & 947)

Effective 1-01-09