Section 414.540

Title XXVI TRADE AND COMMERCE

Chapter 414

Effective - 28 Aug 1993   

  414.540.  Prevention of violations, action of attorney general — civil penalty — cease and desist order — hearing. — 1.  The state courts are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any provision of sections 414.500 to 414.590 or any regulation promulgated pursuant to sections 414.500 to 414.590.  The facts relating to any civil action that may be brought under sections 414.500 to 414.590 shall be referred to the attorney general for appropriate action, except that nothing shall be construed as requiring the director to refer to the attorney general violations of sections 414.500 to 414.590 whenever the director believes that the administration and enforcement of the regulations would be adequately served by administrative action under subsection 2 of this section or suitable written notice or warning to any person committing the violations.

  2.  Any person who violates any provisions of sections 414.500 to 414.590 or regulations issued by the director under sections 414.500 to 414.590, or who fails or refuses to pay, collect or remit any assessment or fee required of the person thereunder, may be assessed a civil penalty by the director of not less than five hundred dollars nor more than five thousand dollars for each violation.  Each violation shall be a separate offense.  In addition, or in lieu of such civil penalty, the director may issue an order requiring the person to cease and desist from continuing the violation.  No penalty shall be assessed nor a cease and desist order issued unless the person is given notice and opportunity for a hearing before the director with respect to the violation.  The order of the director assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the person affected by the order files a petition for review pursuant to chapter 536.  Any person who fails to obey a cease and desist order after it has become final shall be subject to a civil penalty assessed by the director, after an opportunity for hearing before the director, of not more than five hundred dollars for each offense.  Each day during which the failure continues shall be deemed a separate offense.  If any person fails to pay an assessment of a civil penalty after it has become a final order, the director shall refer the matter to the attorney general for recovery of the amount assessed in any appropriate circuit court of the state.  In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

­­--------

(L. 1993 S.B. 178 § 5)