Sanctioning of license, when — civil penalty, when, amount, enforcement of.

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There are multiple enactments of 281.060

Effective - 01 Jan 2024, 2 histories

281.060. Sanctioning of license, when — civil penalty, when, amount, enforcement of. — 1. The director, after inquiry, and after opportunity for a hearing, may deny, suspend, revoke, or modify the provisions of any license or certification issued under sections 281.010 to 281.115, if the director finds that the applicant or the holder of a license or certification has violated any provision of sections 281.010 to 281.115, or any regulation issued thereunder, or has been convicted or subject to a final order imposing a civil or criminal penalty pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended, or has been convicted, or is the subject of prosecution, in this state or in any state or protectorate of the United States, or has had a pesticide applicator license or certificate denied, suspended, revoked or modified by any state or protectorate of the United States, or the person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions, or duties of any profession licensed or regulated under sections 281.010 to 281.115, for any offense an essential element of which is fraud, dishonesty, or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed. Licensed certified applicators, licensed noncertified RUP applicators, licensed pesticide technicians, and licensed pesticide dealers shall notify the department within ten days of any conviction of or plea to any offense listed in this section.

2. If the director determines, after inquiry and opportunity for a hearing, that any person is in violation of any provision of sections 281.010 to 281.115, or any regulations issued thereunder, the director shall have the authority to assess a civil penalty of not more than one thousand dollars for each violation, and in addition, may order that restitution be made to any person.

3. In the event that a person penalized or ordered to pay restitution under this section fails to pay the penalty or restitution, the director may apply to the circuit court of Cole County for, and the court is authorized to enter, an order enforcing the assessed penalty or restitution.

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(L. 1974 S.B. 431 § 11, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2021 H.B. 476 merged with S.B. 26)

Effective 1-01-24, see § 281.102


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