390.156. Action for penalty or forfeiture, how prosecuted--defenses--disposition of penalties recovered. - Missouri Statutes

Action for penalty or forfeiture, howprosecuted--defenses--disposition of penalties recovered.

390.156. An action to recover a penalty or a forfeitureunder this chapter or to enforce the powers of the division underthis or any other law may be brought in any circuit court in thisstate in the name of the state of Missouri and shall be commencedand prosecuted to final judgment by the general counsel to thedivision. In any such action all penalties and forfeituresincurred up to the time of commencing the same may be sued forand recovered therein, and the commencement of an action torecover a penalty or forfeiture shall not be, or be held to be, awaiver of the right to recover any other penalty or forfeiture;if the defendant in such action shall prove that during anyportion of the time for which it is sought to recover penaltiesor forfeitures for a violation of an order or decision of thedivision, 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 division uponsuch terms as the court shall approve and order.

(L. 1951 p. 547 § 390.177, A.L. 1986 H.B. 1428)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008

(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.