414.152. Violations, penalties--injunction--hearings, procedure.

MISSOURI STATUTES AND CODES

414.152. Violations, penalties--injunction--hearings, procedure.

Violations, penalties--injunction--hearings, procedure.

414.152. 1. Any person found in violation of any provisionof sections 414.012 to 414.152 shall be deemed guilty of a classA misdemeanor. The prosecutor of each county in which aviolation occurs shall be empowered to bring an action hereunder.But if a prosecutor declines to bring such action, then theattorney general may bring an action instead, and in so doingshall have all the powers and jurisdiction of such prosecutor.

2. The prosecuting attorney of any county in which aviolation of any provision of this chapter occurs or the attorneygeneral is hereby authorized to apply to any court of competentjurisdiction for, and such court shall have jurisdiction uponhearing and for cause shown to grant, a temporary or permanentinjunction to restrain any person from violating any provision ofthis chapter.

3. Any person who is found, upon investigation by thedepartment of agriculture or by the department of revenue, to bein possible violation of any provision of this chapter shall benotified by certified mail of the facts constituting suchviolation, and shall be afforded an opportunity by theappropriate director to explain such facts at an informal hearingto be conducted within fourteen days of such notification. Inthe event that such person fails to timely respond to suchnotification or upon unsuccessful resolution of any issuesrelating to an alleged violation, such person may be summoned toa formal administrative hearing before a hearing officerconducted in conformance with chapter 536, RSMo, and if found tohave committed one or more violations, may be ordered to ceaseand desist from such violation, such order to be enforceable incircuit court, and, in addition, may be required to pay a penaltyof not more than five hundred dollars per violation and fivehundred dollars for each day such violation continues. Any partyto such hearing aggrieved by a determination of a hearing officermay appeal to the circuit court of the county in which such partyresides, or if the party is the state, in Cole County, inaccordance with chapter 536, RSMo.