Section 209.337

Title XII PUBLIC HEALTH AND WELFARE

Chapter 209

Effective - 28 Aug 1994   

  209.337.  Violations, penalty — injunction granted when — venue. — 1.  A violation of any provision of sections 209.319 to 209.339 is a class A misdemeanor.

  2.  All fees or other compensation received for services rendered in violation of sections 209.319 to 209.339 shall be refunded.

  3.  The committee may sue in its own name in any court in this state. The department shall inquire diligently as to any violation of sections 209.319 to 209.339, shall institute actions for penalties herein prescribed, and shall enforce generally the provisions of sections 209.319 to 209.339.

  4.  Upon application by the committee, the attorney general may on behalf of the committee request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:

  (1)  Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts or practices were performed, offered to be performed without a certificate of registration or authority, permit or license; or

  (2)  Engaging in any practice or business authorized by a certificate of registration or authority, permit or license issued pursuant to sections 209.319 to 209.339 upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client of the licensee.

  5.  Any action brought pursuant to the provisions of this section shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.

  6.  Any action brought pursuant to this section may be in addition to or in lieu of any penalty provided by sections 209.319 to 209.339 and may be brought concurrently with other actions to enforce sections 209.319 to 209.339.

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(L. 1994 S.B. 568 § 18)