Investigations, when made--violation, how eliminated--hearing,procedure--final order, notice of.
643.080. 1. The director shall investigate alleged violations ofsections 643.010 to 643.190 or any rule promulgated hereunder or any term orcondition of any permit and may cause to be made such other investigations ashe shall deem advisable. The department shall assume the costs ofinvestigation of alleged violations. The identity of the person who filed thecomplaint shall be made available consistent with chapter 610, RSMo, and otherprovisions, as applicable.
2. If, in the opinion of the director, the investigation yieldsreasonable grounds to believe that a violation of section 577.200**, RSMo, isoccurring or has occurred, he shall refer such information to either or boththe attorney general or the county prosecutor of the county where theviolations are alleged to have occurred.
3. If, in the opinion of the director, the investigation discloses thata violation does exist which would not be a criminal violation, he may byconference, conciliation and persuasion endeavor to eliminate the violation.
4. In case of the failure by conference, conciliation and persuasion tocorrect or remedy any violation, the director may order abatement, suspend orrevoke a permit, whichever action or actions the director deems appropriate.The director shall cause to have issued and served upon the person a writtennotice of such order together with a copy of the order, which shall specifythe provisions of sections 643.010 to 643.190 or the rule or the condition ofthe permit of which the person is alleged to be in violation, and a statementof the manner in, and the extent to which the person is alleged to be inviolation. Service may be made upon any person within or without the state byregistered mail, return receipt requested. Any person against whom thedirector issues an order may appeal the order to the commission within thirtydays, and the appeal shall stay the enforcement of such order until finaldetermination by the commission. The commission shall set a hearing on a daynot less than thirty days after the date of the request. The commission maysustain, reverse, or modify the director's order, or make such other order asthe commission deems appropriate under the circumstances. If any order issuedby the director is not appealed within the time herein provided, the orderbecomes final and may be enforced as provided in section 643.151.
5. When the commission schedules a matter for hearing, the petitioner onappeal may appear at the hearing in person or by counsel, and may make oralargument, offer testimony and evidence or cross-examine witnesses.
6. After due consideration of the record, or upon default in appearanceof the petitioner on the return day specified in the notice given as providedin subsection 4 of this section, the commission shall issue and enter thefinal order, or make such final determination as it shall deem appropriateunder the circumstances, and it shall immediately notify the petitioner orrespondent thereof in writing by certified or registered mail.
7. Any final order or determination or other final action by thecommission shall be approved in writing by at least four members of thecommission.
Investigations, when made--violation, how eliminated--hearing,procedure--final order, notice of.
643.080. 1. The director shall investigate alleged violations ofsections 643.010 to 643.190 or any rule promulgated hereunder or any term orcondition of any permit and may cause to be made such other investigations ashe shall deem advisable. The department shall assume the costs ofinvestigation of alleged violations. The identity of the person who filed thecomplaint shall be made available consistent with chapter 610, RSMo, and otherprovisions, as applicable.
2. If, in the opinion of the director, the investigation yieldsreasonable grounds to believe that a violation of section 577.200**, RSMo, isoccurring or has occurred, he shall refer such information to either or boththe attorney general or the county prosecutor of the county where theviolations are alleged to have occurred.
3. If, in the opinion of the director, the investigation discloses thata violation does exist which would not be a criminal violation, he may byconference, conciliation and persuasion endeavor to eliminate the violation.
4. In case of the failure by conference, conciliation and persuasion tocorrect or remedy any violation, the director may order abatement, suspend orrevoke a permit, whichever action or actions the director deems appropriate.The director shall cause to have issued and served upon the person a writtennotice of such order together with a copy of the order, which shall specifythe provisions of sections 643.010 to 643.190 or the rule or the condition ofthe permit of which the person is alleged to be in violation, and a statementof the manner in, and the extent to which the person is alleged to be inviolation. Service may be made upon any person within or without the state byregistered mail, return receipt requested. Any person against whom thedirector issues an order may appeal the order to the commission within thirtydays, and the appeal shall stay the enforcement of such order until finaldetermination by the commission. The commission shall set a hearing on a daynot less than thirty days after the date of the request. The commission maysustain, reverse, or modify the director's order, or make such other order asthe commission deems appropriate under the circumstances. If any order issuedby the director is not appealed within the time herein provided, the orderbecomes final and may be enforced as provided in section 643.151.
5. When the commission schedules a matter for hearing, the petitioner onappeal may appear at the hearing in person or by counsel, and may make oralargument, offer testimony and evidence or cross-examine witnesses.
6. After due consideration of the record, or upon default in appearanceof the petitioner on the return day specified in the notice given as providedin subsection 4 of this section, the commission shall issue and enter thefinal order, or make such final determination as it shall deem appropriateunder the circumstances, and it shall immediately notify the petitioner orrespondent thereof in writing by certified or registered mail.
7. Any final order or determination or other final action by thecommission shall be approved in writing by at least four members of thecommission.
Investigations, when made--violation, how eliminated--hearing,procedure--final order, notice of.
643.080. 1. The director shall investigate alleged violations ofsections 643.010 to 643.190 or any rule promulgated hereunder or any term orcondition of any permit and may cause to be made such other investigations ashe shall deem advisable. The department shall assume the costs ofinvestigation of alleged violations. The identity of the person who filed thecomplaint shall be made available consistent with chapter 610, RSMo, and otherprovisions, as applicable.
2. If, in the opinion of the director, the investigation yieldsreasonable grounds to believe that a violation of section 577.200**, RSMo, isoccurring or has occurred, he shall refer such information to either or boththe attorney general or the county prosecutor of the county where theviolations are alleged to have occurred.
3. If, in the opinion of the director, the investigation discloses thata violation does exist which would not be a criminal violation, he may byconference, conciliation and persuasion endeavor to eliminate the violation.
4. In case of the failure by conference, conciliation and persuasion tocorrect or remedy any violation, the director may order abatement, suspend orrevoke a permit, whichever action or actions the director deems appropriate.The director shall cause to have issued and served upon the person a writtennotice of such order together with a copy of the order, which shall specifythe provisions of sections 643.010 to 643.190 or the rule or the condition ofthe permit of which the person is alleged to be in violation, and a statementof the manner in, and the extent to which the person is alleged to be inviolation. Service may be made upon any person within or without the state byregistered mail, return receipt requested. Any person against whom thedirector issues an order may appeal the order to the commission within thirtydays, and the appeal shall stay the enforcement of such order until finaldetermination by the commission. The commission shall set a hearing on a daynot less than thirty days after the date of the request. The commission maysustain, reverse, or modify the director's order, or make such other order asthe commission deems appropriate under the circumstances. If any order issuedby the director is not appealed within the time herein provided, the orderbecomes final and may be enforced as provided in section 643.151.
5. When the commission schedules a matter for hearing, the petitioner onappeal may appear at the hearing in person or by counsel, and may make oralargument, offer testimony and evidence or cross-examine witnesses.
6. After due consideration of the record, or upon default in appearanceof the petitioner on the return day specified in the notice given as providedin subsection 4 of this section, the commission shall issue and enter thefinal order, or make such final determination as it shall deem appropriateunder the circumstances, and it shall immediately notify the petitioner orrespondent thereof in writing by certified or registered mail.
7. Any final order or determination or other final action by thecommission shall be approved in writing by at least four members of thecommission.
