622.510. Actions to recover penalties, forfeiture or to enforce division's powers, where brought, procedure.
Actions to recover penalties, forfeiture or to enforce division'spowers, where brought, procedure.
622.510. An action to recover a penalty or a forfeiture under thischapter or to enforce the powers of the division under this or any otherlaw may be brought in any circuit court in this state in the name of thestate of Missouri and shall be commenced and prosecuted to final judgmentby the general counsel to the division. No filing or docket fee shall berequired of the general counsel. In any such action all penalties andforfeitures incurred up to the time of commencing the same may be sued forand recovered therein, and the commencement of an action to recover apenalty or forfeiture shall not be, or be held to be, a waiver of the rightto recover any other penalty or forfeiture; if the defendant in such actionshall prove that during any portion of the time for which it is sought torecover penalties or forfeitures for a violation of an order or decision ofthe division the defendant was actually and in good faith prosecuting asuit to review such order or decision in the manner as provided in thischapter, the court shall remit the penalties or forfeitures incurred duringthe pendency of such proceeding. All moneys recovered as a penalty orforfeiture shall be paid to the public school fund of the state. Any suchaction may be compromised or discontinued on application of the divisionupon such terms as the court shall approve and order.
(L. 1996 S.B. 780)