214.410. Violation of law, penalty.
Violation of law, penalty.
214.410. 1. Any cemetery operator who shall willfullyviolate any provisions of sections 214.270 to 214.410 for whichno penalty is otherwise prescribed shall be deemed guilty of amisdemeanor and upon conviction thereof shall be fined a sum notto exceed five hundred dollars or shall be confined not more thansix months or both.
2. Any cemetery operator who shall willfully violate anyprovision of section 214.320, 214.330, 214.335, 214.340, 214.360or 214.385 shall be deemed guilty of a class D felony and uponconviction thereof shall be fined a sum not to exceed tenthousand dollars or shall be confined not more than five years orboth. This section shall not apply to cemeteries or cemeteryassociations which do not sell lots in the cemetery.
3. Any trustee who shall willfully violate any applicableprovisions of sections 214.270 to 214.410 shall have committed anunsafe and unsound banking practice and shall be penalized asauthorized by chapters 361 and 362, RSMo. This subsection shallbe enforced exclusively by the Missouri division of finance forstate chartered institutions and the Missouri attorney generalfor federally chartered institutions.
4. Any person who shall willfully violate any provision ofsection 214.320, 214.330, 214.335, 214.340, 214.360 or 214.385 orviolates any rule, regulation or order of the division may, inaccordance with the regulations issued by the division, beassessed an administrative penalty by the division. The penaltyshall not exceed five thousand dollars for each violation andeach day of the continuing violation shall be deemed a separateviolation for purposes of administrative penalty assessment.However, no administrative penalty may be assessed until theperson charged with the violation has been given the opportunityfor a hearing on the violation. Penalty assessments receivedshall be deposited in the endowed care cemetery audit fundcreated in section 193.265, RSMo.
(L. 1961 p. 538 § 15, A.L. 1990 H.B. 1079, A.L. 1994 S.B. 496 merged with S.B. 701)