701.311. Compliance inspections--warrant--notice of violation--hearing--enforcement manual to be posted on web site, contents.
Compliance inspections--warrant--notice ofviolation--hearing--enforcement manual to be posted on web site,contents.
701.311. 1. Any authorized representative of the department whopresents appropriate credentials may, at all reasonable times, enter publicor private property to conduct compliance inspections of lead abatementcontractors as may be necessary to implement the provisions of sections701.300 to 701.338 and any rules promulgated pursuant to sections 701.300to 701.338.
2. It is unlawful for any person to refuse entry or access requestedfor inspecting or determining compliance with sections 701.300 to 701.338.A suitably restricted search warrant, upon a showing of probable cause inwriting and upon oath, shall be issued by any circuit or associate circuitjudge having jurisdiction for the purpose of enabling such inspections.
3. Whenever the director determines through a compliance inspectionthat there are reasonable grounds to believe that there has been aviolation of any provision of sections 701.300 to 701.338 or the rulespromulgated pursuant to sections 701.300 to 701.338, the director may givenotice of such alleged violation to the owner or person responsible, asprovided in this section. The notice shall:
(1) Be in writing;
(2) Include a statement of the reasons for the issuance of thenotice;
(3) Allow reasonable time as determined by the director for theperformance of any act the notice requires;
(4) Be served upon the property owner or person responsible as thecase may require, provided that such notice shall be deemed to have beenproperly served upon such person when a copy of such notice has been sentby registered or certified mail to the person's last known address aslisted in the local property tax records concerning such property, or whensuch person has been served with such notice by any other method authorizedby law;
(5) Contain an outline of corrective action which is required toeffect compliance with sections 701.300 to 701.338 and the rulespromulgated pursuant to sections 701.300 to 701.338.
4. If an owner or person files a written request for a hearing withinten days of the date of receipt of a notice, a hearing shall be held withinthirty days from the date of receipt of the notice before the director orthe director's designee to review the appropriateness of the correctiveaction. The director shall issue a written decision within thirty days ofthe date of the hearing. Any final decision of the director may beappealed to the administrative hearing commission as provided in chapter621, RSMo. Any decision of the administrative hearing commission may beappealed as provided in sections 536.100 to 536.140, RSMo.
5. The attorney general or the prosecuting attorney of the county inwhich any violation of sections 701.300 to 701.338 or the rules promulgatedpursuant to sections 701.300 to 701.338 occurred shall, at the request ofthe city, county or department, institute appropriate proceedings forcorrection.
6. When the department determines that an emergency exists whichrequires immediate action to protect the health and welfare of the public,the department is authorized to seek a temporary restraining order andinjunction. Such action shall be brought at the request of the director bythe local prosecuting attorney or the attorney general. For the purposesof this subsection, an "emergency" means any set of circumstances thatconstitutes an imminent health hazard or the threat of an imminent healthhazard.
7. Nothing in sections 701.300 to 701.338 or rules promulgatedpursuant to sections 701.300 to 701.338 shall be construed as requiring thedepartment of health and senior services to issue a notice of violationpursuant to subsection 3 of this section whenever the department of healthand senior services believes that the public interest will be adequatelyserved in the circumstances by a suitable written notice or warning.
8. The department shall develop, publish, and post on its web site anenforcement manual that:
(1) Delineates the categories of violations for which the departmentshall issue a notice of violation under subsection 3 of this section; and
(2) Delineates the categories of violations for which the departmentmay either issue a notice of violation under subsection 3 of this sectionor issue a suitable written notice or warning.
(L. 1998 H.B. 977 & 1608, A.L. 2005 S.B. 95)