Section 409.823

Title XXVI TRADE AND COMMERCE

Chapter 409

Effective - 28 Aug 1985   

  409.823.  Violations — powers of commissioner. — 1.  If the commissioner believes, whether or not based upon an investigation conducted under section 409.820, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of sections 409.800 to 409.863 or any rule or order promulgated or issued under sections 409.800 to 409.863, the commissioner may:

  (1)  Issue a cease and desist order;

  (2)  Take disciplinary action against a licensed person as specified in section 409.863;

  (3)  Issue an order imposing a civil penalty in amount which may not exceed ten thousand dollars for any single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings; or

  (4)  Initiate any of the actions specified in subsection 2 of this section.

  2.  The commissioner may institute any of the following actions in the appropriate courts of this state, or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available:

  (1)  An action for declaratory judgment;

  (2)  An action for a prohibitory or mandatory injunction to enjoin the violation and to insure compliance with sections 409.800 to 409.863 or any rule or order of the commissioner;

  (3)  An action for appointment of a receiver or conservator for the defendant or the defendant's assets.

­­--------

(L. 1985 H.B. 409 & 532 § 10)