266.212. Administrative penalties, procedure, appeal, maximum penalties, disbursal of funds from penalties, limitations on actions.
Administrative penalties, procedure, appeal, maximum penalties,disbursal of funds from penalties, limitations on actions.
266.212. 1. In addition to any other remedy provided by law, upon adetermination by the director that a provision of sections 266.152 to266.220, or a standard, limitation, order, rule or regulation promulgatedpursuant thereto has been violated, the director may issue an orderassessing an administrative penalty upon the violator under this section.An administrative penalty shall not be imposed until the director hassought to resolve the violations through an offer to hold an informalhearing to discuss the violations. An administrative penalty may only beimposed for serious violations of sections 266.152 to 266.220. Thedirector may only impose an administrative penalty after providing theviolator ninety days to correct any violation. Any order assessing anadministrative penalty shall state that an administrative penalty is beingassessed under this section and that the person subject to the penalty mayappeal as provided by this section. Any such order that fails to state thestatute under which the penalty is being sought, the manner of collectionor rights of appeal shall result in the state's waiving any right tocollection of the penalty.
2. The director shall promulgate rules and regulations for theassessment of administrative penalties including a definition of seriousviolations. The amount of the administrative penalty assessed under thissection shall not exceed one thousand dollars for each violation. Anadministrative penalty shall be paid within sixty days from the date ofissuance of the order assessing the penalty. However, any person subjectto an administrative penalty may file an appeal to the director pursuant tosection 536.063, RSMo, within thirty days after receipt of an orderassessing an administrative penalty. Any appeal will stay the due date ofsuch administrative penalty until the appeal is resolved. An action may besought in the appropriate circuit court to collect any unpaidadministrative penalty.
3. Any person subject to a final administrative order assessing anadministrative penalty may file a de novo appeal to circuit court withinthirty days after receipt of the final administrative order. The venue ofsuch case shall be, at the option of the party subject to an orderassessing an administrative penalty, in the circuit court of Cole County orin the county of the party subject to an order or if the party subject toan order assessing an administrative penalty is a corporation, domestic orforeign, having a registered office or business office in this state, inthe county of such registered office or business office. The circuit courtmay assess a civil penalty of up to five thousand dollars per violation.
4. Any administrative or civil penalty paid pursuant to this sectionshall be handled in accordance with section 7 of article IX of theConstitution of the state of Missouri.
5. Any administrative penalty must be assessed within two yearsfollowing the department's initial discovery of such alleged violation, orfrom the date the department in the exercise of ordinary diligence shouldhave discovered such alleged violation.
(L. 1997 H.B. 211)Effective 1-1-98