Section 266.212

Title XVII AGRICULTURE AND ANIMALS

Chapter 266

Effective - 01 Jan 1998, see footnote   

  266.212.  Administrative penalties, procedure, appeal, maximum penalties, disbursal of funds from penalties, limitations on actions. — 1.  In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 266.152 to 266.220, or a standard, limitation, order, rule or regulation promulgated pursuant thereto has been violated, the director may issue an order assessing an administrative penalty upon the violator under this section.  An administrative penalty shall not be imposed until the director has sought to resolve the violations through an offer to hold an informal hearing to discuss the violations.  An administrative penalty may only be imposed for serious violations of sections 266.152 to 266.220.  The director may only impose an administrative penalty after providing the violator ninety days to correct any violation.  Any order assessing an administrative penalty shall state that an administrative penalty is being assessed under this section and that the person subject to the penalty may appeal as provided by this section.  Any such order that fails to state the statute under which the penalty is being sought, the manner of collection or rights of appeal shall result in the state's waiving any right to collection of the penalty.

  2.  The director shall promulgate rules and regulations for the assessment of administrative penalties including a definition of serious violations.  The amount of the administrative penalty assessed under this section shall not exceed one thousand dollars for each violation.  An administrative penalty shall be paid within sixty days from the date of issuance of the order assessing the penalty.  However, any person subject to an administrative penalty may file an appeal to the director pursuant to section 536.063 within thirty days after receipt of an order assessing an administrative penalty.  Any appeal will stay the due date of such administrative penalty until the appeal is resolved.  An action may be sought in the appropriate circuit court to collect any unpaid administrative penalty.

  3.  Any person subject to a final administrative order assessing an administrative penalty may file a de novo appeal to circuit court within thirty days after receipt of the final administrative order.  The venue of such case shall be, at the option of the party subject to an order assessing an administrative penalty, in the circuit court of Cole County or in the county of the party subject to an order or if the party subject to an order assessing an administrative penalty is a corporation, domestic or foreign, having a registered office or business office in this state, in the county of such registered office or business office.  The circuit court may assess a civil penalty of up to five thousand dollars per violation.

  4.  Any administrative or civil penalty paid pursuant to this section shall be handled in accordance with Section 7 of Article IX of the Constitution of the State of Missouri.

  5.  Any administrative penalty must be assessed within two years following the department's initial discovery of such alleged violation, or from the date the department in the exercise of ordinary diligence should have discovered such alleged violation.

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(L. 1997 H.B. 211)

Effective 1-01-98