414.540. Prevention of violations, action of attorney general--civil penalty--cease and desist order--hearing. - Missouri Statutes

Prevention of violations, action of attorney general--civilpenalty--cease and desist order--hearing.

414.540. 1. The state courts are vested with jurisdictionspecifically to enforce, and to prevent and restrain any personfrom violating, any provision of sections 414.500 to 414.590 orany regulation promulgated pursuant to sections 414.500 to414.590. The facts relating to any civil action that may bebrought under sections 414.500 to 414.590 shall be referred tothe attorney general for appropriate action, except that nothingshall be construed as requiring the director to refer to theattorney general violations of sections 414.500 to 414.590whenever the director believes that the administration andenforcement of the regulations would be adequately served byadministrative action under subsection 2 of this section orsuitable written notice or warning to any person committing theviolations.

2. Any person who violates any provisions of sections414.500 to 414.590 or regulations issued by the director undersections 414.500 to 414.590, or who fails or refuses to pay,collect or remit any assessment or fee required of the personthereunder, may be assessed a civil penalty by the director ofnot less than five hundred dollars nor more than five thousanddollars for each violation. Each violation shall be a separateoffense. In addition, or in lieu of such civil penalty, thedirector may issue an order requiring the person to cease anddesist from continuing the violation. No penalty shall beassessed nor a cease and desist order issued unless the person isgiven notice and opportunity for a hearing before the directorwith respect to the violation. The order of the directorassessing a penalty or imposing a cease and desist order shall befinal and conclusive unless the person affected by the orderfiles a petition for review pursuant to chapter 536, RSMo. Anyperson who fails to obey a cease and desist order after it hasbecome final shall be subject to a civil penalty assessed by thedirector, after an opportunity for hearing before the director,of not more than five hundred dollars for each offense. Each dayduring which the failure continues shall be deemed a separateoffense. If any person fails to pay an assessment of a civilpenalty after it has become a final order, the director shallrefer the matter to the attorney general for recovery of theamount assessed in any appropriate circuit court of the state.In such action, the validity and appropriateness of the finalorder imposing the civil penalty shall not be subject to review.

(L. 1993 S.B. 178 § 5)