385.316. Investigations, administrative orders.
Investigations, administrative orders.
385.316. 1. The director may conduct investigations or examinationsof providers, administrators, insurers, or other persons to enforce theprovisions of sections 385.300 to 385.320 and protect service contractholders in this state.
2. If the director determines that a person has engaged, is engaging,or is about to engage in a violation of sections 385.300 to 385.320 or arule adopted or order issued pursuant thereto, or that a person hasmaterially aided, is materially aiding, or is about to materially aid anact, practice, omission, or course of business constituting a violation ofsections 385.300 to 385.320 or a rule adopted or order issued pursuantthereto, the director may issue such administrative orders as authorizedunder section 374.046, RSMo. A violation of this section is a level twoviolation under section 374.049, RSMo.
3. If the director believes that a person has engaged, is engaging,or is about to engage in a violation of sections 385.300 to 385.320 or arule adopted or order issued pursuant thereto, or that a person hasmaterially aided, is materially aiding, or is about to materially aid anact, practice, omission, or course of business constituting a violation ofsections 385.300 to 385.320 or a rule adopted or order issued pursuantthereto, the director may maintain a civil action for relief authorizedunder section 374.048, RSMo.
4. The enforcement authority of the director under this section iscumulative to any other statutory authority of the director.
(L. 2007 H.B. 221)