State Codes and Statutes
Statutes > Missouri > T21 > C323 > 323_110Penalty for violation--attorney general may bringaction--administrative hearing, cease and desist order, penalty,appeal.
323.110. 1. Any person found in violation of any provision ofsections 323.005 to 323.210 shall be deemed guilty of a class Amisdemeanor. The prosecutor of each county in which a violation occurs maybring an action hereunder. But if a prosecutor declines to bring suchaction, then the attorney general may bring an action instead, and in sodoing shall have all the powers and jurisdiction of such prosecutor.
2. Any person who is found, upon investigation by the commission, tobe in possible violation of sections 323.005 to 323.210 shall be notifiedby certified mail of the facts constituting such violation, and shall beafforded an opportunity by the commission to explain such facts at aninformal hearing to be conducted within fourteen days of such notification.In the event that such person fails to timely respond to such notificationor upon unsuccessful resolution of any issues relating to an allegedviolation, such person may be summoned to a formal administrative hearingbefore the commission. Said hearing shall be conducted in conformance withchapter 536, RSMo. If any person is found to have committed one or moreviolations of sections 323.005 to 323.210, such person may be ordered tocease and desist from such violation, and the order shall be enforceable inany circuit court of competent jurisdiction, and, in addition, the personmay be required to pay a penalty of not more than five hundred dollars perviolation and five hundred dollars for each day such violation continues.Any party to such hearing aggrieved by a determination of a hearing officermay, in accordance with chapter 536, RSMo, appeal to the circuit court ofthe county in which such party resides, or if the party is the state, inCole County.
(L. 1963 p. 427, A.L. 1994 S.B. 782, A.L. 2007 H.B. 426)
