413.227. Violations, procedure, notices, contents--hearing, rights of violator--penalty--appeal--deposit of penalty.
Violations, procedure, notices, contents--hearing, rights ofviolator--penalty--appeal--deposit of penalty.
413.227. 1. Any person found to be in violation of any provision ofthis chapter shall be issued a notice of violation. The notice shall statethe date issued, the name and address of the person to whom issued, thenature of the violation, the statute or regulation violated, and the nameand position of the person issuing the notice. The notice shall alsocontain a warning that the violation may result in an informal or formaladministrative hearing or both.
2. Any person issued a notice of violation may be afforded anopportunity by the director to explain such facts at an informal hearing tobe conducted within fourteen days of such notification. In the event thatsuch person fails to timely respond to such notification or uponunsuccessful resolution of any issues relating to an alleged violation,such person may be summoned to a formal administrative hearing before thedirector or a designated hearing officer conducted in conformance withchapter 536, RSMo, and may be ordered to cease and desist from suchviolations, such order may be enforced in the circuit court, and, inaddition, may be required to pay a penalty of not more than five hundreddollars per violation. Any party to such hearing aggrieved by adetermination of a hearing officer may appeal to the circuit court of thecounty in which the party resides, or if the party is the state, in ColeCounty, in accordance with chapter 536, RSMo.
3. Any penalty assessed and collected by the director shall bedeposited with the state treasurer to the credit of the general revenuefund of the state.
4. Undercharges to consumers are not violations pursuant to thissection.
(L. 1994 S.B. 729, A.L. 1997 H.B. 528, A.L. 2002 S.B. 1071)