389.998. Violations and penalties--enforcement--action by division, jurisdiction--penalties or forfeitures paid into school fund.
Violations and penalties--enforcement--action by division,jurisdiction--penalties or forfeitures paid into school fund.
389.998. 1. Any corporation or person who violates or failsto comply with any provisions of this chapter is subject to acivil penalty or forfeiture of not less than one hundred dollarsnor more than two thousand dollars for each offense. An actionto recover a penalty or forfeiture under this chapter or toenforce the powers of the division under this chapter may bebrought in any circuit court in this state in the name of thestate of Missouri and shall be commenced and prosecuted to finaljudgment by the general counsel to the division. In any suchaction all penalties or forfeitures incurred up to the time ofcommencing the same may be sued for and recovered therein, andthe commencement of an action to recover a penalty or forfeitureshall not be, or be held to be, a waiver of the right to recoverany other penalty or forfeiture. If the defendant in such actionshall prove that during any portion of the time for which it issought to recover penalties or forfeitures for a violation of anorder or decision of the division, the defendant was actually andin good faith prosecuting a suit to review such order or decisionin the manner as provided in chapter 622, RSMo, the court shallremit the penalties or forfeitures incurred during the pendencyof such proceeding. All moneys recovered as a penalty orforfeiture shall be paid to the public school fund of the state.Any such action may be compromised or discontinued on applicationof the division upon such terms as the court shall approve andorder.
2. Every violation of the provisions of this or any otherlaw or of any order, decision, decree, rule, direction, demand orrequirement of the division, or any part or portion thereof, byany corporation or person is a separate and distinct offense, andin case of a continuing violation of each day's continuancethereof shall be and be deemed to be a separate and distinctoffense.
3. In construing and enforcing the provisions of thischapter relating to penalties or forfeitures, the act, omissionor failure of any officer, agent or employee of any corporationor person acting within the scope of his official duties ofemployment, shall in every case be and be deemed to be the act,omission or failure of such corporation or person.
4. All penalties or forfeitures accruing under theprovisions of this chapter shall be cumulative of each other, andany action for the recovery of one such penalty or forfeitureshall not be a bar to or affect the recovery of any other penaltyor forfeiture.
(L. 1988 S.B. 676)CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008