Section 323.110

Title XXI PUBLIC SAFETY AND MORALS

Chapter 323

Effective - 28 Aug 2007   

  323.110.  Penalty for violation — attorney general may bring action — administrative hearing, cease and desist order, penalty, appeal. — 1.  Any person found in violation of any provision of sections 323.005 to 323.210 shall be deemed guilty of a class A misdemeanor.  The prosecutor of each county in which a violation occurs may bring an action hereunder.  But if a prosecutor declines to bring such action, then the attorney general may bring an action instead, and in so doing shall have all the powers and jurisdiction of such prosecutor.

  2.  Any person who is found, upon investigation by the commission, to be in possible violation of sections 323.005 to 323.210 shall be notified by certified mail of the facts constituting such violation, and shall be afforded an opportunity by the commission to explain such facts at an informal hearing to be conducted within fourteen days of such notification.  In the event that such person fails to timely respond to such notification or upon unsuccessful resolution of any issues relating to an alleged violation, such person may be summoned to a formal administrative hearing before the commission.  Said hearing shall be conducted in conformance with chapter 536.  If any person is found to have committed one or more violations of sections 323.005 to 323.210, such person may be ordered to cease and desist from such violation, and the order shall be enforceable in any circuit court of competent jurisdiction, and, in addition, the person may be required to pay a penalty of not more than five hundred dollars per violation and five hundred dollars for each day such violation continues.  Any party to such hearing aggrieved by a determination of a hearing officer may, in accordance with chapter 536, appeal to the circuit court of the county in which such party resides, or if the party is the state, in Cole County.

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(L. 1963 p. 427, A.L. 1994 S.B. 782, A.L. 2007 H.B. 426)