630.755. Injunctive relief may be requested--action to have priority--civil penalties may be assessed, procedure.

MISSOURI STATUTES AND CODES

630.755. Injunctive relief may be requested--action to have priority--civil penalties may be assessed, procedure.

Injunctive relief may be requested--action to have priority--civilpenalties may be assessed, procedure.

630.755. 1. An action may be brought by the department, or by theattorney general on his own volition or at the request of the department orany other appropriate state agency, to temporarily or permanently enjoin orrestrain any violation of sections 630.705 to 630.760, to enjoin theacceptance of new residents until substantial compliance with sections630.705 to 630.760 is achieved, or to enjoin any specific action orpractice of the residential facility or day program. Any action broughtunder the provisions of this section shall be placed at the head of thedocket by the court and the court shall hold a hearing on any actionbrought under the provisions of this section no less than fifteen daysafter the filing of the action.

2. Any facility or program which has received a notice ofnoncompliance as provided by sections 630.745 to 630.750 is liable to thestate for civil penalties of up to ten thousand dollars for each day thatnoncompliance continues after the notice of noncompliance is received. Theattorney general shall, upon the request of the department, bring an actionin a circuit court of competent jurisdiction to recover the civil penalty.The court shall have the authority to determine the amount of civil penaltyto be assessed within the limits set out in this section. Appeals may betaken from the judgment of the circuit court as in other civil cases.

3. The imposition of any remedy provided for in sections 630.705 to630.760 shall not bar the imposition of any other remedy.

4. Penalties collected for violations of this section shall betransferred to the state schools moneys established under section 166.051,RSMo. Such penalties shall not be considered a charitable contribution fortax purposes.

5. To recover any civil penalty, the moving party shall prove by apreponderance of the evidence that the violation occurred.