Missouri § 292.615 - Violations, attorney general to bring action — jurisdiction, circuit court — penalties, limit, payable to general revenue — civil actions, by whom, why, commission approval — actions against local committee, by whom, why — access for investigation, procedure.

§ 292.615. Violations, attorney general to bring action — jurisdiction, circuit court — penalties, limit, payable to general revenue — civil actions, by whom, why, commission approval — actions against local committee, by whom, why — access for investigation, procedure.

1.  The attorney general shall bring an action in circuit court against any employer knowingly and intentionally violating the provisions of sections 292.600 to 292.625.  In any such action the circuit court shall have jurisdiction to restrain violations of the provisions of sections 292.600 to 292.625 and to levy appropriate penalties, including reasonable attorney's fees and costs, of not more than five thousand dollars per violation for each day of violation.  Any civil penalty assessed for the violation of any of the provisions of sections 292.600 to 292.625 shall be payable to the general revenue fund.

2.  The commission, local emergency planning committees or fire protection services may, on their own initiative or on behalf of any person, commence a civil action against an employer for failure to submit the required Tier II form after thirty days of such employer being notified by the commission that such employer is not in compliance.  A local emergency planning committee or fire protection service commencing a civil action shall seek commission approval in advance of such action and cooperate with the commission and the department in the legal process.  Any violations of section 260.394, sections 292.602, 292.604, 292.605, 292.606, 292.615 and section 640.235 shall constitute a class C misdemeanor.

3.  Any employer, the department, or the Missouri emergency response commission may commence a civil action against a local emergency planning committee for failure to use fees collected under section 292.604 for the purposes specified in sections 292.600 to 292.625 or for use of fees collected under section 292.604 for purposes other than those specified in sections 292.600 to 292.625.  The department and the commission may recover, by appropriate legal means, any funds spent inconsistent with the purposes specified in sections 292.600 to 292.625.

4.  The Missouri emergency response commission may commence a civil action against a local emergency planning committee that fails to provide information as required in subsection 4 of section 292.606.

5.  No person shall refuse entry or access for the purpose of investigating possible violations of sections 292.600 to 292.625 or the federal act by an authorized representative of the department who presents appropriate credentials, nor obstruct or hamper the representative.  A suitably restricted search warrant, upon showing of probable cause in writing and upon oath, may upon application be issued by any court of competent jurisdiction to any such representative for the purpose of enabling the representative to investigate or respond to possible violations of sections 292.600 to 292.625 or the federal act.

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(L. 1985 H.B. 507 & 139 § 4, A.L. 1987 H.B. 655, A.L. 1988 S.B. 765, A.L. 1992 S.B. 480)

---- end of effective  28 Aug 1992 ----

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