Missouri Revised Statutes
Chapter 414 - Fuel Regulation and Conservation
Section 414.540 - Prevention of violations, action of attorney general — civil penalty — cease and desist order — hearing.

Effective - 28 Aug 1993
414.540. Prevention of violations, action of attorney general — civil penalty — cease and desist order — hearing. — 1. The state courts are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any provision of sections 414.500 to 414.590 or any regulation promulgated pursuant to sections 414.500 to 414.590. The facts relating to any civil action that may be brought under sections 414.500 to 414.590 shall be referred to the attorney general for appropriate action, except that nothing shall be construed as requiring the director to refer to the attorney general violations of sections 414.500 to 414.590 whenever the director believes that the administration and enforcement of the regulations would be adequately served by administrative action under subsection 2 of this section or suitable written notice or warning to any person committing the violations.
2. Any person who violates any provisions of sections 414.500 to 414.590 or regulations issued by the director under sections 414.500 to 414.590, or who fails or refuses to pay, collect or remit any assessment or fee required of the person thereunder, may be assessed a civil penalty by the director of not less than five hundred dollars nor more than five thousand dollars for each violation. Each violation shall be a separate offense. In addition, or in lieu of such civil penalty, the director may issue an order requiring the person to cease and desist from continuing the violation. No penalty shall be assessed nor a cease and desist order issued unless the person is given notice and opportunity for a hearing before the director with respect to the violation. The order of the director assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the person affected by the order files a petition for review pursuant to chapter 536. Any person who fails to obey a cease and desist order after it has become final shall be subject to a civil penalty assessed by the director, after an opportunity for hearing before the director, of not more than five hundred dollars for each offense. Each day during which the failure continues shall be deemed a separate offense. If any person fails to pay an assessment of a civil penalty after it has become a final order, the director shall refer the matter to the attorney general for recovery of the amount assessed in any appropriate circuit court of the state. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.
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(L. 1993 S.B. 178 § 5)

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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.