389.998. Violations and penalties — enforcement — action by division, jurisdiction — penalties or forfeitures paid into school fund.

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389.998. Violations and penalties — enforcement — action by division, jurisdiction — penalties or forfeitures paid into school fund. — 1. Any corporation or person who violates or fails to comply with any provisions of this chapter is subject to a civil penalty or forfeiture of not less than one hundred dollars nor more than two thousand dollars for each offense. An action to recover a penalty or forfeiture under this chapter or to enforce the powers of the division under this chapter may be brought in any circuit court in this state in the name of the state of Missouri and shall be commenced and prosecuted to final judgment by the general counsel to the division.

In any such action all penalties or forfeitures incurred up to the time of commencing the same may be sued for and recovered therein, and the commencement of an action to recover a penalty or forfeiture shall not be, or be held to be, a waiver of the right to recover any other penalty or forfeiture. If the defendant in such action shall prove that during any portion of the time for which it is sought to recover penalties or forfeitures for a violation of an order or decision of the division, the defendant was actually and in good faith prosecuting a suit to review such order or decision in the manner as provided in chapter 622 , the court shall remit the penalties or forfeitures incurred during the pendency of such proceeding.

All moneys recovered as a penalty or forfeiture shall be paid to the public school fund of the state. Any such action may be compromised or discontinued on application of the division upon such terms as the court shall approve and order.

2. Every violation of the provisions of this or any other law or of any order, decision, decree, rule, direction, demand or requirement of the division, or any part or portion thereof, by any corporation or person is a separate and distinct offense, and in case of a continuing violation of each day's continuance thereof shall be and be deemed to be a separate and distinct offense.

3. In construing and enforcing the provisions of this chapter relating to penalties or forfeitures, the act, omission or failure of any officer, agent or employee of any corporation or person acting within the scope of his official duties of employment, shall in every case be and be deemed to be the act, omission or failure of such corporation or person.

4. All penalties or forfeitures accruing under the provisions of this chapter shall be cumulative of each other, and any action for the recovery of one such penalty or forfeiture shall not be a bar to or affect the recovery of any other penalty or forfeiture.

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(L. 1988 S.B. 676)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008