Missouri Revised Statutes
Chapter 622 - Motor Carrier and Railroad Safety
Section 622.510 - Actions to recover penalties, forfeiture or to enforce division's powers, where brought, procedure.

Effective - 28 Aug 1996
622.510. Actions to recover penalties, forfeiture or to enforce division's powers, where brought, procedure. — An action to recover a penalty or a forfeiture under this chapter or to enforce the powers of the division under this or any other law 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. No filing or docket fee shall be required of the general counsel. In any such action all penalties and 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 this chapter, 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.
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(L. 1996 S.B. 780)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XL - Additional Executive Departments

Chapter 622 - Motor Carrier and Railroad Safety

Section 622.015 - Transfer of all powers and duties of the public service commission regulating transportation activities to division — railroad expense fund established, purpose — definitions applicable, substitutions for commission and commissioner...

Section 622.027 - Rules, procedure.

Section 622.030 - Administrative law judges, powers and duties — hearing procedure — technical evidence not required — docket fee paid to whom, deposited in highway fund.

Section 622.035 - Record of formal hearings to be taken by reporter, exception — review procedure based on certified record, contents.

Section 622.090 - Powers and duties of division of motor carrier and railroad safety.

Section 622.100 - Definitions.

Section 622.110 - Application of law to foreign and interstate commerce.

Section 622.115 - Record disposal, when.

Section 622.120 - Administrative law judges and employees, oath, eligibility for office.

Section 622.130 - Prohibition against solicitation and gifts — penalties for violation, misdemeanor.

Section 622.140 - Division of motor carrier and railroad safety conferences, cooperative agreements and joint investigations and hearings with other agencies, division's receipt and disbursement of grants.

Section 622.150 - Authority for division of motor carrier and railroad safety to enter into reciprocal agreements.

Section 622.160 - Arbitration by division.

Section 622.170 - Delegation of authority.

Section 622.190 - Division's authority to establish system of accounts — access to accounts.

Section 622.200 - Annual report filed by railroads — form of reports — information in report — erroneous information — preservation of original reports — periodic reports — when filed — failure to file.

Section 622.210 - Orders of the division, written and entered in division's records — records made available to division by common carrier.

Section 622.220 - Copies of official documents evidence of originals, when.

Section 622.230 - Fees and charges, collected when.

Section 622.240 - Authority of division to require safety devices and safeguards — prohibition against red signs adjacent to tracks, when.

Section 622.250 - Division's authority of general supervision, duty to examine and be informed — authority to inspect property and facilities — authority to examine documents.

Section 622.260 - Investigation of acts or omissions by division — complaints made to division, form — division's response to complaint, order.

Section 622.290 - Injunctions, when sought — answer to petition, time to answer — joinder of parties — final judgment.

Section 622.300 - Division's estimation of expenses to be incurred during fiscal year — allocation of estimated expenses — written statement of assessment sent — state treasurer credit of payments — statement of revenues filed with division — applica...

Section 622.310 - Division documents, public records, when — hearings on pending legislation, when.

Section 622.320 - Complaints made by division or other party — joinder of claims — dismissal of complaint — service of summons — hearing, time and place set.

Section 622.330 - Complaints by carriers or other parties.

Section 622.340 - Intervention by a party, when, subpoena of witnesses — report of division's investigation depositions — extension of time for compliance with order — record of proceedings.

Section 622.350 - Burden of proof in all proceedings.

Section 622.360 - Subpoenas, issuance, process, fees, costs — documents furnished to division, fee.

Section 622.370 - Production of documents and records, ordered when.

Section 622.380 - Failure to obey subpoena, produce documents, be examined or swear to deposition, penalty, misdemeanor.

Section 622.390 - Immunity for certain persons testifying or producing documents, when, exceptions.

Section 622.400 - Information not open to public, when, penalty for disclosure, misdemeanor.

Section 622.410 - Service of division's orders — notification of receipt of order — order effective, when.

Section 622.420 - Application for rehearing, when granted — application, contents — compliance with order — modification of order, when.

Section 622.430 - Review by circuit court of order, procedure.

Section 622.440 - Circuit court's staying or suspending operation of division's order, when, procedure — court's order to pay certain sums into trust during stay or suspension of division's order — order to keep accounts — additional security ordered...

Section 622.450 - Appellate review, procedure, record on appeal — docket placement, precedence — suspension of judgment pending hearing on appeal — applicable laws.

Section 622.460 - Effect of final orders of division.

Section 622.470 - Falsification or destruction of accounts or records or false statements to division, penalty, felony.

Section 622.480 - Penalty for violating state law or an order of division — violations are separate and distinct offenses — carrier's liability for acts of officers and agents.

Section 622.490 - Penalty for an officer or agent violating state law or an order of division, misdemeanor.

Section 622.500 - Penalties are cumulative.

Section 622.510 - Actions to recover penalties, forfeiture or to enforce division's powers, where brought, procedure.

Section 622.520 - Substantial compliance, effect on rules and regulations of division, construction.

Section 622.530 - Liability for unlawful acts.

Section 622.540 - Exemption from liability of a carrier by contract or regulation.

Section 622.550 - Enforcement powers of peace officers and division enforcement personnel, exceptions.

Section 622.555 - Skill performance evaluation certificate granted, when — application, procedures — rulemaking authority.

Section 622.600 - Definitions.

Section 622.602 - Application of sections 622.600 to 622.620.

Section 622.604 - Registration required, when, exceptions.

Section 622.606 - Certificates or permits issued before 1995, effect — procedure — transport of hazardous materials.

Section 622.608 - Applications, form, content — license fee — determination of sufficiency, notice, hearing — restrictions permitted.

Section 622.610 - Transfer of property carrier registration, permitted, when — restrictions on transport of hazardous material.

Section 622.612 - Suspension, revocation or amendment of registration — grounds, notice, effective when.

Section 622.615 - Orders and decisions of division conclusive and admissible as evidence in collateral proceedings, when.

Section 622.617 - Records not open to public — penalty for divulging confidential information.

Section 622.620 - Training requirements for enforcement personnel to be adopted by division — rulemaking authority.