292.615. Violations, attorney general to bring action--jurisdiction, circuit court--penalties, limit, payable to general revenue--civil actions, by whom, why, commission approval--actions against loca
Violations, attorney general to bring action--jurisdiction, circuitcourt--penalties, limit, payable to general revenue--civil actions,by whom, why, commission approval--actions against local committee,by whom, why--access for investigation, procedure.
292.615. 1. The attorney general shall bring an action incircuit court against any employer knowingly and intentionallyviolating the provisions of sections 292.600 to 292.625. In anysuch action the circuit court shall have jurisdiction to restrainviolations of the provisions of sections 292.600 to 292.625 andto levy appropriate penalties, including reasonable attorney'sfees and costs, of not more than five thousand dollars perviolation for each day of violation. Any civil penalty assessedfor the violation of any of the provisions of sections 292.600 to292.625 shall be payable to the general revenue fund.
2. The commission, local emergency planning committees orfire protection services may, on their own initiative or onbehalf of any person, commence a civil action against an employerfor failure to submit the required Tier II form after thirty daysof such employer being notified by the commission that suchemployer is not in compliance. A local emergency planningcommittee or fire protection service commencing a civil actionshall seek commission approval in advance of such action andcooperate with the commission and the department in the legalprocess. Any violations of section 260.394, RSMo, sections292.602, 292.604, 292.605, 292.606, 292.615 and section 640.235,RSMo, shall constitute a class C misdemeanor.
3. Any employer, the department, or the Missouri emergencyresponse commission may commence a civil action against a localemergency planning committee for failure to use fees collectedunder section 292.604 for the purposes specified in sections292.600 to 292.625 or for use of fees collected under section292.604 for purposes other than those specified in sections292.600 to 292.625. The department and the commission mayrecover, by appropriate legal means, any funds spent inconsistentwith the purposes specified in sections 292.600 to 292.625.
4. The Missouri emergency response commission may commencea civil action against a local emergency planning committee thatfails to provide information as required in subsection 4 ofsection 292.606.
5. No person shall refuse entry or access for the purposeof investigating possible violations of sections 292.600 to292.625 or the federal act by an authorized representative of thedepartment who presents appropriate credentials, nor obstruct orhamper the representative. A suitably restricted search warrant,upon showing of probable cause in writing and upon oath, may uponapplication be issued by any court of competent jurisdiction toany such representative for the purpose of enabling therepresentative to investigate or respond to possible violationsof sections 292.600 to 292.625 or the federal act.
(L. 1985 H.B. 507 & 139 § 4, A.L. 1987 H.B. 655, A.L. 1988 S.B. 765, A.L. 1992 S.B. 480)