409.823. Violations--powers of commissioner. - Missouri Statutes

Violations--powers of commissioner.

409.823. 1. If the commissioner believes, whether or notbased upon an investigation conducted under section 409.820, thatany person has engaged or is about to engage in any act orpractice constituting a violation of any provision of sections409.800 to 409.863 or any rule or order promulgated or issuedunder sections 409.800 to 409.863, the commissioner may:

(1) Issue a cease and desist order;

(2) Take disciplinary action against a licensed person asspecified in section 409.863;

(3) Issue an order imposing a civil penalty in amount whichmay not exceed ten thousand dollars for any single violation orone hundred thousand dollars for multiple violations in a singleproceeding or a series of related proceedings; or

(4) Initiate any of the actions specified in subsection 2 ofthis section.

2. The commissioner may institute any of the followingactions in the appropriate courts of this state, or in theappropriate courts of another state, in addition to any legal orequitable remedies otherwise available:

(1) An action for declaratory judgment;

(2) An action for a prohibitory or mandatory injunction toenjoin the violation and to insure compliance with sections409.800 to 409.863 or any rule or order of the commissioner;

(3) An action for appointment of a receiver or conservatorfor the defendant or the defendant's assets.

(L. 1985 H.B. 409 & 532 § 10)