Missouri Revised Statutes
Chapter 414 - Fuel Regulation and Conservation
Section 414.152 - Violations, penalties — injunction — hearings, procedure.

Effective - 28 Aug 1993
414.152. Violations, penalties — injunction — hearings, procedure. — 1. Any person found in violation of any provision of sections 414.012 to 414.152 shall be deemed guilty of a class A misdemeanor. The prosecutor of each county in which a violation occurs shall be empowered to bring an action hereunder. But if a prosecutor declines to bring such action, then the attorney general may bring an action instead, and in so doing shall have all the powers and jurisdiction of such prosecutor.
2. The prosecuting attorney of any county in which a violation of any provision of this chapter occurs or the attorney general is hereby authorized to apply to any court of competent jurisdiction for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction to restrain any person from violating any provision of this chapter.
3. Any person who is found, upon investigation by the department of agriculture or by the department of revenue, to be in possible violation of any provision of this chapter shall be notified by certified mail of the facts constituting such violation, and shall be afforded an opportunity by the appropriate director to explain such facts at an informal hearing to be conducted within fourteen days of such notification. In the event that such person fails to timely respond to such notification or upon unsuccessful resolution of any issues relating to an alleged violation, such person may be summoned to a formal administrative hearing before a hearing officer conducted in conformance with chapter 536 and if found to have committed one or more violations, may be ordered to cease and desist from such violation, such order to be enforceable in circuit court, and, in addition, may be required to pay a penalty of not more than five hundred dollars per violation and five hundred dollars for each day such violation continues. Any party to such hearing aggrieved by a determination of a hearing officer may appeal to the circuit court of the county in which such party resides, or if the party is the state, in Cole County, in accordance with chapter 536.
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(L. 1987 S.B. 249, A.L. 1993 S.B. 178)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXVI - Trade and Commerce

Chapter 414 - Fuel Regulation and Conservation

Section 414.012 - Definitions.

Section 414.022 - Preemption by the state, political subdivisions may not regulate.

Section 414.032 - Requirements, standards, certain fuels — director may inspect fuels, purpose — waiver, when.

Section 414.035 - Financial responsibility for fuel tank storage and piping — exceptions — rulemaking authority.

Section 414.036 - Financial responsibility to be maintained, when — aboveground storage tank defined — rules.

Section 414.042 - Fuels, offered for sale, testing required upon request of director — requested samples, director to inspect and test.

Section 414.043 - MTBE content limit for gasoline, when.

Section 414.052 - Premises utilized for sale of fuels to be safe from fire and explosion — access for inspection, search warrant — stop use order may issue, inspection — appeal of stop use order, hearing.

Section 414.062 - Flammable liquids, containers, colors and markings.

Section 414.072 - Measuring devices, certain fuels, inspection, when — expiration date, effect of — correction or removal, when — public policy regarding devices.

Section 414.073 - Tank wagons, wholesale or retail sales to be equipped with meters — inspection, when — condemned meters, how marked.

Section 414.082 - Inspection fees, rate determined by director of revenue — petroleum inspection fund created, fees deposited, uses, investment of moneys.

Section 414.092 - Inspection fees — records, reports.

Section 414.102 - Payment of fees, when — report to director of revenue, when — credit or refund, when allowed — application of motor fuel tax provisions.

Section 414.104 - Motor fuel vapor recovery fees, department of natural resource to set — preemption of local enforcement.

Section 414.112 - Deception of customers in sale of fuels as to nature, quality or identity, prohibited — reclaimed motor or lubricating oils — containers, how marked — interference with director, prohibited.

Section 414.122 - Common carriers of fuels, shipment records, contents.

Section 414.132 - Motor fuel inspectors, deputies, agents, employees, compensation, appointees of department — conflict of interest prohibited.

Section 414.142 - Rules, authority, promulgation.

Section 414.152 - Violations, penalties — injunction — hearings, procedure.

Section 414.255 - Definitions — ethanol-blended gasoline required, when — exemptions — rulemaking authority — immunity from liability, when.

Section 414.300 - Labeling of motor fuel pumps, renewable fuels — rulemaking authority.

Section 414.365 - Program established for biodiesel fuel use in MoDOT vehicles, goals, rules.

Section 414.400 - Definitions — program for state fuel consumption reduction, fleet management and promotion of alternative fuels, University of Missouri, included duties — exceptions for certain vehicles.

Section 414.403 - Vehicle fleet energy conservation plan to be developed by each state agency, purpose of plan, content — plan to be submitted to department of natural resources, when.

Section 414.406 - Vehicle fleet plan reviewed — office of administration to purchase only vehicles conforming to plan — annual report, content.

Section 414.407 - EPAct credit banking and selling program established — definitions — biodiesel fuel revolving fund created — rulemaking authority — study on the use of alternative fuels in motor vehicles, contents.

Section 414.410 - Motor vehicle alternative fuel use plan to be developed by department of natural resources — powers and duties — state agency fleets of fifteen or more vehicles, time table for using alternative fuels.

Section 414.412 - Alternative use of fuel, waived or percentage reduced by director, certified evidence required — other vehicles, ethanol use required, exceptions.

Section 414.415 - Percentage requirements, how state agencies to comply.

Section 414.417 - Criminal law enforcement vehicles and certain other vehicles, law not applicable — demonstration vehicles for alternative fuels authorized.

Section 414.420 - Commission, created, members — purpose.

Section 414.433 - Purchase of biodiesel fuel by school districts — contracts with new generation cooperatives — definitions — rulemaking authority.

Section 414.500 - Name of law.

Section 414.510 - Definitions.

Section 414.520 - Promulgation of regulations.

Section 414.530 - Propane education and research council creation, assessment upon odorized propane — procedure.

Section 414.540 - Prevention of violations, action of attorney general — civil penalty — cease and desist order — hearing.

Section 414.550 - Director may conduct investigations — powers of director.

Section 414.560 - Selection of members — number of members, compensation, terms — chairman, president — budget — programs and projects — records — costs.

Section 414.570 - Assessment, amount — payment — late payment, charges — investment of funds — rulemaking authority.

Section 414.580 - Use of funds, restrictions.

Section 414.590 - Construction.