Section 339.549

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 339

Effective - 28 Aug 2012   

  339.549.  Violation of law — civil penalties — injunctions, venue. — 1.  It is unlawful for any person, business, corporation, or controlling person not certified or licensed pursuant to sections 339.500 to 339.549 to perform any act for which certification or licensure is required.  Upon application by the commission, and the necessary burden having been met, a court may grant an injunction, restraining order or other order as may be appropriate to enjoin a person, business, corporation, or controlling person from:

  (1)  Offering to engage or engaging in the performance of any acts or practices for which a certificate or license is required by sections 339.500 to 339.549 upon a showing that such acts or practices were performed or offered to be performed without a certificate or license; or

  (2)  Engaging in any practice or business authorized by a certificate or license issued pursuant to sections 339.500 to 339.549 upon a showing that the holder presents a substantial probability of serious danger to the health, safety or welfare of any resident of this state or client of the certificate holder or licensee.

  2.  Any such action shall be commenced in the county in which such conduct occurred or in the county in which the defendant resides.

  3.  Any actions brought pursuant to this section shall be in addition to and not in lieu of any penalty provided by sections 339.500 to 339.549 and may be brought concurrently with other actions to enforce the provisions of this chapter.

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(L. 1998 H.B. 1601, et al., A.L. 2012 H.B. 1103)