375.945. Director's determination, judicial review.
Director's determination, judicial review.
375.945. 1. If after reviewing a written complaintalleging a violation of section 375.936 or 375.937 the directordetermines that a proceeding pursuant to section 375.940 wouldnot be in the interest of the public, then any person who allegedcommission of an unfair act or practice under section 375.936 or375.937 shall be entitled to judicial review within thirty daysof such determination as provided in section 536.140, RSMo. Thedirector's determination shall be in writing and shall state thereasons for such a determination. If the court, after reviewingsuch written complaint and written determination, finds undersuch section that a proceeding pursuant to section 375.940 wouldbe in the interest of the public, the court may order thedirector to institute such proceedings. In addition, such personshall have the right pursuant to section 375.944 to request leaveof court to adduce additional evidence before the court prior tothe court entering an order under this subsection.
2. If after any hearing under section 375.940 or 375.946,the report of the director does not charge a violation of section375.936 or 375.937, then any person who alleged commission of anunfair act or practice under this act* may, within thirty daysafter the mailing or delivery of such report, cause a petitionfor review to be filed in the circuit court of Cole County for areview of such report, in the manner provided in sections 536.100to 536.140, RSMo. Upon such review, the court shall haveauthority to issue appropriate orders and decrees in connectionstherewith, including, if the court finds that it is to theinterest of the public, orders enjoining the restraining thecontinuance of any method of competitions, act or practice whichit finds constitutes a violation of sections 375.930 to 375.948and containing penalties as provided by section 375.942.
(L. 1991 S.B. 53)*"This act" (S.B. 53, 1991) contains numerous sections. Consult Disposition of Sections table for definitive listing.