Section 374.280

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 374

Effective - 28 Aug 2007   

  374.280.  Civil penalty or forfeiture ordered when, how enforced. — 1.  The director may, after a hearing under section 374.046, order a civil penalty or forfeiture payable to the state of Missouri authorized by section 374.049, which penalty or forfeiture, if unpaid within ten days, may be recovered by a civil action brought by and in the name of the director under section 374.048.  The civil action may be brought in the county which has venue of an action against the person, partnership or corporation under other provisions of law.  The director may also suspend or revoke the license or certificate of authority of such person for any willful violation.

  2.  Nothing contained in this section shall be construed to prohibit the director and any person subject to an investigation, examination, or other proceeding from agreeing to a voluntary forfeiture of the sum mentioned herein without civil proceedings being instituted.  Any sum so agreed upon shall be paid into the school fund as provided by law for other fines and penalties.

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(L. 1967 p. 516, A.L. 1993 H.B. 709, A.L. 2007 S.B. 66)

(1982) Legislature did not expressly provide private cause of actions for violation of section 379.118, although director of division of insurance may suspend or revoke license of an insurer for any willful violation of chapter 374. Shqeir v. Equifax, Inc. (Mo. banc) 636 S.W.2d 944.