443.729. Supervision and enforcement--civil penalty.

MISSOURI STATUTES AND CODES

443.729. Supervision and enforcement--civil penalty.

Supervision and enforcement--civil penalty.

443.729. 1. In order to ensure the effective supervision andenforcement of sections 443.701 to 443.893, the director may, under chapter536, RSMo:

(1) Deny, suspend, revoke, condition, or decline to renew a licensefor a violation of sections 443.701 to 443.893, rules issued under sections443.701 to 443.893, or order or directive entered under sections 443.701 to443.893;

(2) Deny, suspend, revoke, condition, or decline to renew a licenseif an applicant or licensee fails at any time to meet the requirements ofsections 443.701 to 443.893, or withholds information or makes a materialmisstatement in an application for a license or renewal of a license;

(3) Order restitution against persons subject to sections 443.701 to443.893 for violations of sections 443.701 to 443.893;

(4) Impose fines on persons subject to sections 443.701 to 443.893under subsections 2, 3, and 4 of this section;

(5) Issue orders or directives under sections 443.701 to 443.893 asfollows:

(a) Order or direct persons subject to sections 443.701 to 443.893 tocease and desist from conducting business, including immediate temporaryorders to cease and desist;

(b) Order or direct persons subject to sections 443.701 to 443.893 tocease any harmful activities or violations of sections 443.701 to 443.893,including immediate temporary orders to cease and desist;

(c) Enter immediate temporary orders to cease business under alicense or interim license issued under the authority granted under section443.706 if the director determines that such license was erroneouslygranted or the licensee is currently in violation of any of the provisionsof sections 443.701 to 443.893;

(d) Order or direct such other affirmative action as the directordeems necessary.

2. Any letter issued by the director and declaring grounds fordenying or declining to renew a license may be appealed to the board underchapter 536, RSMo. All other matters presenting a contested case involvinga licensee may be heard by the director under chapter 536, RSMo.

3. The director may impose a civil penalty on a mortgage loanoriginator or person subject to sections 443.701 to 443.893, if thedirector finds, on the record after notice and opportunity for hearing,that such mortgage loan originator or person subject to sections 443.701 to443.893 has violated or failed to comply with any requirement of sections443.701 to 443.893 or any regulation prescribed by the director undersections 443.701 to 443.893 or order issued under authority of sections443.701 to 443.893.

4. The maximum amount of penalty for each act or omission describedin subsection 3 of this section shall be twenty-five thousand dollars.

5. Each violation or failure to comply with any directive or order ofthe director is a separate and distinct violation or failure.