339.205. Civil penalty may be imposed, when--amount, limit, factors--settlement procedures.
Civil penalty may be imposed, when--amount, limit, factors--settlementprocedures.
339.205. 1. In actions against unlicensed persons or disciplinaryactions against licensed persons, the commission may issue an orderimposing a civil penalty. Such penalty shall not be imposed until thefindings of facts and conclusions of law by the administrative hearingcommission have been delivered to the commission in accordance with section621.110, RSMo. Further, no civil penalty shall be assessed until a formalmeeting and vote by the board has been taken to impose such a penalty.
2. Any civil penalty imposed by the commission shall not exceed twothousand five hundred dollars for each offense. Each day of a continuedviolation constitutes a separate offense, with a maximum penalty oftwenty-five thousand dollars. In determining the amount of penalty to beimposed, the commission may consider any of the following:
(1) Whether the amount imposed will be a substantial deterrent to theviolation;
(2) The circumstances leading to the violation;
(3) The severity of the violation and the risk of harm to the public;
(4) The economic benefits gained by the violator as a result ofnoncompliance; and
(5) The interest of the public.
3. Any final order imposing a civil penalty is subject to judicialreview upon the filing of a petition under section 536.100, RSMo, by anyperson subject to the penalty.
4. Payment of a civil penalty shall be made within sixty days offiling the order, or if the order is stayed pending an appeal, within tendays after the court enters a final judgment in favor of the commission.If the penalty is not timely paid, the commission shall notify the attorneygeneral. The attorney general may commence an action to recover the amountof the penalty, including reasonable attorney fees and costs and asurcharge of fifteen percent of the penalty plus ten percent per annum onany amounts owed. In such action, the validity and appropriateness of thefinal order imposing the civil penalty shall not be subject to review.
5. An action to enforce an order under this section may be joinedwith an action for an injunction.
6. Any offer of settlement to resolve a civil penalty under thissection shall be in writing, state that an action for imposition of a civilpenalty may be initiated by the attorney general representing thecommission under this section, and identify any dollar amount as an offerof settlement, which shall be negotiated in good faith through conference,conciliation, and persuasion.
7. Failure to pay a civil penalty by any person licensed under thischapter shall be grounds for denying, disciplining or refusing to renew orreinstate a license or certificate of authority.
8. Penalties collected under this section shall be handled inaccordance with section 7 of article IX of the Missouri Constitution. Suchpenalties shall not be considered a charitable contribution for taxpurposes.
(L. 2007 H.B. 780 merged with S.B. 308)