State Codes and Statutes
Statutes > Missouri > T21 > C323 > 323_115Violations to be referred to the attorney general--civil penaltiesauthorized.
323.115. 1. Violations of this chapter may be referred to theattorney general for appropriate action, except that nothing shall beconstrued as requiring the commission to refer to the attorney generalviolations of this chapter whenever the commission believes that theadministration and enforcement of the regulations would be servedadequately by administrative action under subsection 2 of this section orsuitable written notice or warning to any person committing the violations.
2. Any person who fails or refuses to pay, collect, or remit anyassessment or fee required of the person by this chapter may be assessed acivil penalty by the commission of not less than five hundred dollars normore than five thousand dollars for each violation. Each violation shallbe a separate offense. In addition, or in lieu of such civil penalty, thecommission may issue an order requiring the person to cease-and-desist fromcontinuing the violation. No penalty shall be assessed nor acease-and-desist order issued unless the person is given notice andopportunity for a hearing before the commission with respect to theviolation. The order of the commission assessing a penalty or imposing acease-and-desist order shall be final and conclusive unless the personaffected by the order files a petition for review under chapter 536, RSMo.Any person who fails to obey a cease-and-desist order after it has becomefinal shall be subject to a civil penalty assessed by the commission, afteran opportunity for hearing before the commission, of not more than fivehundred dollars for each offense. Each day that the failure continuesshall be deemed a separate offense. If any person fails to pay anassessment of a civil penalty after it has become a final order, thecommission shall refer the matter to the attorney general for recovery ofthe amount assessed in any appropriate circuit court of the state. In suchaction, the validity and appropriateness of the final order imposing thecivil penalty shall not be subject to review.
(L. 2007 H.B. 426)
