379.361. Violations, penalties.
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/mo/chapter-379/379-361A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
379.361. Violations, penalties. — 1. If the director determines that any insurer or filing organization has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of section 379.017 and sections 379.316 to 379.361 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of section 379.017 and sections 379.316 to 379.361 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046 .
A violation of any of these sections is a level two violation under section 374.049 . The practice of using a rate not in effect under section 379.321 , if caused by a single act or omission by the insurer or filing organization, is a level two violation under section 374.049 . Each act as part of a rating violation does not constitute a separate violation under section 374.049 . The director may also suspend or revoke the license or certificate of authority of an insurer or filing company for any willful violation.
2. If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of section 379.017 and sections 379.316 to 379.361 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of section 379.017 and sections 379.316 to 379.361 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048 .
A violation of any of these sections is a level two violation under section 374.049 . The practice of using a rate not in effect under section 379.321 , if caused by a single act or omission by the insurer or filing organization, is a level two violation under section 374.049 . Each act as part of a rating violation does not constitute a separate violation under section 374.049 .
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(L. 1972 S.B. 547 § 20, A.L. 2007 S.B. 66)