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Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 630

previous next Effective - 28 Aug 2007bottom

  630.755.  Injunctive relief may be requested — action to have priority — civil penalties may be assessed, procedure. — 1.  An action may be brought by the department, or by the attorney general on his own volition or at the request of the department or any other appropriate state agency, to temporarily or permanently enjoin or restrain any violation of sections 630.705 to 630.760, to enjoin the acceptance of new residents until substantial compliance with sections 630.705 to 630.760 is achieved, or to enjoin any specific action or practice of the residential facility or day program.  Any action brought under the provisions of this section shall be placed at the head of the docket by the court and the court shall hold a hearing on any action brought under the provisions of this section no less than fifteen days after the filing of the action.

  2.  Any facility or program which has received a notice of noncompliance as provided by sections 630.745 to 630.750 is liable to the state for civil penalties of up to ten thousand dollars for each day that noncompliance continues after the notice of noncompliance is received.  The attorney general shall, upon the request of the department, bring an action in a circuit court of competent jurisdiction to recover the civil penalty.  The court shall have the authority to determine the amount of civil penalty to be assessed within the limits set out in this section.  Appeals may be taken from the judgment of the circuit court as in other civil cases.

  3.  The imposition of any remedy provided for in sections 630.705 to 630.760 shall not bar the imposition of any other remedy.

  4.  Penalties collected for violations of this section shall be transferred to the state schools moneys established under section 166.051.  Such penalties shall not be considered a charitable contribution for tax purposes.

  5.  To recover any civil penalty, the moving party shall prove by a preponderance of the evidence that the violation occurred.

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(L. 1980 H.B. 1724, A.L. 2007 S.B. 3)


---- end of effective   28 Aug 2007 ----

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