407.095. Order by attorney general prohibiting unlawful acts--procedure--expiration of order--penalty for violation.
Order by attorney general prohibiting unlawfulacts--procedure--expiration of order--penalty for violation.
407.095. 1. Whenever it appears to the attorney generalthat a person has engaged in, is engaging in or is about toengage in any method, act, use, practice or solicitation declaredto be unlawful by any provision of this chapter, he may issue andcause to be served upon such person, and any other person orpersons concerned with or who, in any way, have participated, areparticipating or are about to participate in such unlawfulmethod, act, use, practice or solicitation, an order prohibitingsuch person or persons from engaging or continuing to engage insuch unlawful method, act, use, practice or solicitation. Suchorder shall not be issued until the attorney general has notifiedeach person who will be subject to such order of the statutorysection which such person is alleged to have violated, beviolating or be about to violate, and the nature of the method,act, use, practice or solicitation which is the basis of suchalleged violation. The person to whom such notice is given shallhave two business days from the receipt of such notice to file ananswer to such notice with the attorney general before the orderauthorized by this subsection may be issued.
2. All orders issued by the attorney general undersubsection 1 of this section shall be signed by the attorneygeneral or, in the event of his absence, his duly authorizedrepresentative, and shall be served in the manner provided insection 407.040, for the service of civil investigative demandsand shall expire of their own force ten days after being served.
3. Any person who has been duly served with an order issuedunder subsection 1 of this section and who willfully andknowingly violates any provision of such order while such orderremains in effect, either as originally issued or as modified, isguilty of a class D felony. The attorney general shall haveoriginal jurisdiction to commence all criminal actions necessaryto enforce this section.
(L. 1986 S.B. 685)Effective 5-1-86