15 CSR 60-5.020
Issuance of Orders
PURPOSE: This rule prescribes the procedures for the issuance of orders to be issued
under section 407.095, RSMo.
(1) Pursuant to the provisions of section
407.095, RSMo, the attorney general may
issue orders against any person, as defined by
section 407.010, RSMo, whenever it appears
to the attorney general that the person has
engaged in, is engaging in or is about to
engage in any method, act, use, practice or
solicitation declared to be unlawful by Chapter 407, RSMo. Any order issued by the
attorney general shall be issued in accordance
with the provisions of section 407.095,
RSMo and these rules.
(2) Prior to the issuance of the order, the
attorney general’s office shall provide notice
of its intentions to issue the order to each person against whom the order will be issued at
least two (2) business days prior to the
issuance of the order.
(A) The notice shall state the statutory section which the person is alleged to have violated, is violating or is about to violate, and
the notice shall state the method, act, use,
practice or solicitation in violation of Chapter
407, RSMo, that is subject to the proposed
order. The notice shall further state the date
after which the order may be issued, and
inform the person against whom the order
will be issued that s/he has a right to file an
answer to the notice and request a hearing
with the chief counsel of trade offense or
his/her designee within two (2) business days
after service of the notice.
(B) The notice may be served in accordance with the provisions of section
407.040.4., RSMo or by telephone.
(C) When notice is given by telephone, the
notice may be provided directly to the persons that are to be subject to the order or to
any person at their principal places of business or residences.
(3) Any answer and request for a hearing
filed by any persons pursuant to a notice
served by the attorney general’s office of its
intention to issue an order may be served
upon the chief counsel, trade offense division, by personally delivering a copy to
his/her office or by telephone in which one of
his/her assistants in the trade offenses division is provided the answer and request for a
hearing.
(4) Subsequent to the notice to issue an order
to Cease and Desist to the persons to be subject to the order, the following may be done:
(A) If no answer is provided to the attorney
general’s office subsequent to the service of
the notice, and after due consideration of the
available evidence, issue an order and cause
it to be served; and
(B) If an answer and request for a hearing is provided to the chief counsel, trade
offense division, subsequent to the service of
the notice, the chief counsel, trade offense
division shall schedule a hearing date as soon
as practicable to provide the person subject to
the notice an opportunity to be heard, subject
to the following procedures:
1. The chief counsel, trade offense, may
preside as the hearing officer and issue
orders, or s/he may designate an assistant to
preside as the hearing officer. At his/her discretion, the attorney general may preside as
the hearing officer;
2. The hearings may be conducted at any
of the offices of the attorney general throughout the state of Missouri or at any other location in the state upon agreement of the parties; and
3. A record may be made of the hearing
by a tape recording device or a court reporter
transcript.
(5) Each order issued shall be in writing and
signed and dated by the attorney general, or
in his/her absence, by a designee.
(6) Each order issued shall state the names
and addresses of all persons subject to the
order and shall state with reasonable certainty the nature of the violations found. The
order shall further state the statutes that have
been violated and set forth the date upon
which the order was issued and provide a
statement that the order expires ten (10) days
after service of the order on the persons subject to the order.
(7) Each order issued shall be effective when
served upon the persons subject to the order.
Service of the order shall be effectuated in
accordance with the provisions of section
407.040, RSMo.
(8) Each order shall expire by its own force
ten (10) days after service upon the persons
subject to the order.
(9) The attorney general may issue subsequent orders for continuing violations of
Chapter 407.
AUTHORITY: section 407.095, RSMo 1986.*
Original rule filed March 2, 1988, effective
July 1, 1988.
*Original authority: 407.095, RSMo 1986.