327.077. Civil penalties may be imposed, when--amount, limit, determination of--settlement requirements.
Civil penalties may be imposed, when--amount, limit, determinationof--settlement requirements.
327.077. 1. In disciplinary actions against licensed or unlicensedpersons, the board may issue an order imposing a civil penalty. Suchpenalty shall not be imposed until the findings of fact and conclusions oflaw by the administrative hearing commission have been delivered to theboard in accordance with section 621.110, RSMo. Further, no civil penaltyshall commence until a formal meeting and vote by the board has been takento impose such a penalty.
2. A civil penalty imposed under this section shall not exceed fivethousand dollars for each offense. Each day of a continued violationconstitutes a separate offense, with a maximum penalty of twenty-fivethousand dollars. In determining the amount of penalty to be imposed, theboard may consider any of the following:
(1) Whether the amount imposed will be a substantial deterrent to theviolation;
(2) The circumstances leading to the violation;
(3) The severity of the violation and the risk of harm to the public;
(4) The economic benefits gained by the violator as a result ofnoncompliance;
(5) The interest of the public.
3. Any final order imposing a civil penalty is subject to judicialreview upon the filing of a petition under section 536.100, RSMo, by anyperson subject to the penalty.
4. Payment of a civil penalty shall be made within sixty days offiling the order, or if the order is stayed pending an appeal within tendays after the court enters a final judgment in favor of the board. If thepenalty is not timely paid, the board shall notify the attorney general.The attorney general may commence an action to recover the amount of thepenalty, including reasonable attorney fees and costs and a surcharge offifteen percent of the penalty plus ten percent per annum on any amountsowed. In such action, the validity and appropriateness of the final orderimposing the civil penalty shall not be subject to review.
5. An action to enforce an order under this section may be joinedwith an action for an injunction.
6. Any offer of settlement to resolve a civil penalty under thissection shall be in writing, state that an action for imposition of a civilpenalty may be initiated by the attorney general representing the boardunder this section, and identify any dollar amount as an offer ofsettlement, which shall be negotiated in good faith through conference,conciliation, and persuasion.
7. Failure to pay a civil penalty by any person licensed under thischapter shall be grounds for refusing to renew or denying reinstatement ofa license or certificate of authority.
8. Penalties collected under this section shall be handled inaccordance with section 7 of article IX of the Missouri Constitution. Suchpenalties shall not be considered a charitable contribution for taxpurposes.
(L. 2007 H.B. 780 merged with S.B. 308)