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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

  Chapter 374back to chapter 374

  374.512.  Violation of regulations, notice to agent — powers of director to discipline — penalties. — 1.  Whenever the director has reason to believe that a utilization review agent subject to sections 374.500 to 374.515 has been or is engaged in conduct which violates the provisions of sections 374.500 to 374.515, the director shall notify the utilization review agent of the alleged violation.  The utilization review agent shall have thirty days from the date the notice is received to respond to the alleged violation.

  2.  If the director determines that the utilization review agent has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of sections 374.500 to 374.515 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 374.500 to 374.515 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. A violation of any of these sections is a level two violation under section 374.049.  The director may also suspend or revoke the license or certificate of authority of such person for any willful violation.

  3.  If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of sections 374.500 to 374.515 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 374.500 to 374.515 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048.  A violation of any of these sections is a level two violation under section 374.049.

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(L. 1991 S.B. 352 § 6 subsecs. 1, 2, 3, A.L. 2007 S.B. 66)


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