386.600. Actions to recover penalties or forfeitures. - Missouri Statutes

Actions to recover penalties or forfeitures.

386.600. An action to recover a penalty or a forfeitureunder this chapter or to enforce the powers of the commissionunder this or any other law may be brought in any circuit courtin this state in the name of the state of Missouri and shall becommenced and prosecuted to final judgment by the general counselto the commission. No filing or docket fee shall be required ofthe general counsel. In any such action all penalties andforfeitures incurred up to the time of commencing the same may besued for and recovered therein, and the commencement of an actionto recover a penalty or forfeiture shall not be, or be held tobe, a waiver of the right to recover any other penalty orforfeiture; if the defendant in such action shall prove thatduring any portion of the time for which it is sought to recoverpenalties or forfeitures for a violation of an order or decisionof the commission the defendant was actually and in good faithprosecuting a suit to review such order or decision in the manneras provided in this chapter, the court shall remit the penaltiesor forfeitures incurred during the pendency of such proceeding.All moneys recovered as a penalty or forfeiture shall be paid tothe public school fund of the state. Any such action may becompromised or discontinued on application of the commission uponsuch terms as the court shall approve and order.

(RSMo 1939 § 5685, A.L. 1977 H.B. 42 & 157)

Prior revisions: 1929 § 5229; 1919 § 10517

(1964) The venue of actions to recover penalties or forfeitures, when instituted by summons, is determined by the provisions of section 501.010, RSMo. State v. Thompson (A.), 379 S.W.2d 824.