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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

  Chapter 375back to chapter 375

  375.945.  Director's determination, judicial review. — 1.  If after reviewing a written complaint alleging a violation of section 375.936 or 375.937 the director determines that a proceeding pursuant to section 375.940 would not be in the interest of the public, then any person who alleged commission of an unfair act or practice under section 375.936 or 375.937 shall be entitled to judicial review within thirty days of such determination as provided in section 536.140.  The director's determination shall be in writing and shall state the reasons for such a determination.  If the court, after reviewing such written complaint and written determination, finds under such section that a proceeding pursuant to section 375.940 would be in the interest of the public, the court may order the director to institute such proceedings.  In addition, such person shall have the right pursuant to section 375.944 to request leave of court to adduce additional evidence before the court prior to the court entering an order under this subsection.

  2.  If after any hearing under section 375.940 or 375.946, the report of the director does not charge a violation of section 375.936 or 375.937, then any person who alleged commission of an unfair act or practice under this act* may, within thirty days after the mailing or delivery of such report, cause a petition for review to be filed in the circuit court of Cole County for a review of such report, in the manner provided in sections 536.100 to 536.140.  Upon such review, the court shall have authority to issue appropriate orders and decrees in connections therewith, including, if the court finds that it is to the interest of the public, orders enjoining the restraining the continuance of any method of competitions, act or practice which it finds constitutes a violation of sections 375.930 to 375.948 and containing penalties as provided by section 375.942.

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(L. 1991 S.B. 53)

*"This act" (S.B. 53, 1991) contained numerous sections. Consult Disposition of Sections table for a definitive listing.


< end of effective 28 Aug 1991 >

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