Section 408.600

Title XXVI TRADE AND COMMERCE

Chapter 408

Effective - 28 Aug 2013   

  *408.600.  Division directors to enforce provisions of sections 408.570 to 408.600 — complaints, how handled — hearings — remedies. — 1.  Each division director shall enforce the provisions of sections 408.570 to 408.600.  With respect to state financial institutions which he supervises, licenses or charters, each division director shall utilize the powers granted him under the general statutory authority by which he regulates, supervises, licenses, or charters such institutions, as well as the powers granted him by sections 408.570 to 408.600.  The director of the division of finance shall enforce the provisions of sections 408.570 to 408.600 as they pertain to state financial institutions not supervised, licensed or chartered by a division director, and shall in that enforcement have such powers as are granted in said sections.  The enforcement powers granted by subsections 2 through 5 of this section shall be utilized by the director of the division of finance concerning national banks, by the director of the division of finance concerning federal savings and loan associations, and by the director of credit unions concerning federal credit unions.

  2.  Any person who alleges to have been aggrieved as a result of a violation of section 408.575 or 408.580 may file a complaint with the appropriate division director.  Within ninety days of the receipt of such complaint, the division director shall determine whether there is any reason to believe that a violation of section 408.575 or 408.580 has occurred.  If the division director determines that there is such reason, then he shall undertake to resolve the complaint by negotiation or he shall conduct a hearing in accordance with the provisions of subsection 3 of this section, except that the hearing shall be held in the locality where the alleged violation occurred.

  3.  If the division director has reason to believe that a violation of section 408.575 or 408.580 has occurred or does exist, the division director shall conduct a hearing in accordance with chapter 536.  If the evidence establishes a violation of any provision of section 408.575 or 408.580, the division director may issue a cease and desist order stating specifically the unlawful practice to be discontinued, which order shall be served personally, or by certified mail.  The decision of the division director shall be appealable directly to the circuit court pursuant to chapter 536.

  4.  If, after an order of the division director has become final, the director believes a violation of any provision of the order has occurred, he may seek an injunction to prohibit such violations in any court of competent jurisdiction.  For each violation of such injunction, the court may assess a fine which may be recovered with costs by the state in any court of competent jurisdiction in an action to be prosecuted by the attorney general.

  5.  The remedies provided by this section shall not be interpreted as exclusive remedies but shall be in addition to remedies otherwise available to the director or to any individual damaged by a violation of sections 408.570 to 408.600.

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(L. 1979 S.B. 30, A.L. 2013 H.B. 329 merged with S.B. 235)

Effective 8-28-13 (S.B. 235); 10-11-13 (H.B. 329)

*H.B. 329 effective 10-11-13, see § 21.250.  H.B. 329 was vetoed July 2, 2013.  The veto was overridden on September 11, 2013.