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Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 290

previous next Effective - 28 Aug 1969bottom

  290.335.  Notice of violation, failure to comply, attorney general shall sue, injunctive relief authorized. — If it is found that a public body, contractor or subcontractor has not complied with any of the terms of sections 290.210 to 290.340, the department shall give notice of the precise violation in writing to such public body, contractor or subcontractor.  Sufficient time may be allowed for compliance therewith as the department deems necessary.  After the expiration of the time prescribed in said notice, the department may in writing inform the attorney general of the fact that such notice has been given and that the public body, contractor or subcontractor or the authorized representative or agent thereof to whom it was directed has not complied with such notice.  Upon receipt thereof, the attorney general shall at the earliest possible time bring suit in the name of the state in the circuit court of the county in which such public body is located or where any such contractor or subcontractor is engaged in any public works to enjoin the award of such contract for a public works, or any further work or payments thereunder if the contract has been awarded, until the requirements of such notice are fully complied with.  The court may issue a temporary restraining order with due notice to the defendant in such action.  The plaintiff shall in any such injunctive action post an adequate bond to be set by the circuit judge.  Upon final hearing thereof, if the court is satisfied that the requirements of the notice by the department to the defendant were not unreasonable or arbitrary, it shall issue an order enjoining the awarding of such contract for a public works, or any further work or payments thereunder if the contract has been awarded, until the notice is fully complied with.  Such injunction shall continue operative until the court is satisfied that the requirements of such notice have been complied with and the court shall have and exercise with respect to the enforcement of such injunctions all the power in it in other similar cases.  Both the plaintiff and defendant in such action have the same rights of appeal as are provided by law in other injunction proceedings.

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(L. 1969 S.B. 142)


---- end of effective   28 Aug 1969 ----

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