Missouri Revised Statutes













Chapter 354

Health Services Corporations--Health Maintenance Organizations--Prepaid Dental Plans

←354.175

Section 354.180.1

354.190→

August 28, 2015

Administrative order, director to issue, when.

354.180. 1. If the director determines that a person has engaged, is

engaging in, or has taken a substantial step toward engaging in an act,

practice or course of business constituting a violation of sections 354.010

to 354.380 or a rule adopted or order issued pursuant thereto, or a person has

materially aided or is materially aiding an act, practice, omission, or

course of business constituting a violation of sections 354.010 to 354.380 or

a rule adopted or order issued pursuant thereto, the director may issue such

administrative orders as authorized under section 374.046. A violation of

these sections is a level two violation under section 374.049, except for any

violation of sections 354.320 and 354.350, which is a level three violation.



2. If the director believes that a person has engaged, is engaging in, or

has taken a substantial step toward engaging in an act, practice or course of

business constituting a violation of sections 354.010 to 354.380 or a rule

adopted or order issued pursuant thereto, or that a person has materially

aided or is materially aiding an act, practice, omission, or course of

business constituting a violation of sections 354.010 to 354.380 or a rule

adopted or order issued pursuant thereto, the director may maintain a civil

action for relief authorized under section 374.048. A violation of these

sections is a level two violation under section 374.049, except for any

violation of sections 354.320 and 354.350, which is a level three violation.



(L. 1983 H.B. 127, A.L. 2007 S.B. 66)





1991



1991



354.180. 1. (1) The director may issue cease and desist

orders whenever it appears to him upon competent and substantial

evidence that any person is acting in violation of any law, rule

or regulation relating to corporations subject to the provisions

of sections 354.010 to 354.380, or whenever the director has

reason to believe that any health services corporation is in such

financial condition that the assumption of additional obligations

would be hazardous to its members or the general public. Before

any cease and desist order shall be issued, a copy of the

proposed order together with an order to show cause why such

cease and desist order should not be issued shall be served

either personally or by certified mail on any person named

therein.



(2) (a) Upon issuing any order to show cause, the director

shall notify the person named therein that the person is entitled

to a public hearing before the director if a request for a

hearing is made in writing to the director within fifteen days

from the day of the service of the order to show cause why the

cease and desist order should not be issued.



(b) The cease and desist order shall be issued fifteen days

after the service of the order to show cause if no request for a

public hearing is made as above provided.



(c) Upon receipt of a request for a hearing, the director

shall set a time and place for the hearing which shall not be

less than ten days or more than fifteen days from the receipt of

the request or as otherwise agreed upon by the parties. Notice

of the time and place shall be given by the director not less

than five days before the hearing.



(d) At the hearing the person may be represented by counsel

and shall be entitled to be advised of the nature and source of

any adverse evidence procured by the director and shall be given

the opportunity to submit any relevant written or oral evidence

in his behalf to show cause why the cease and desist order should

not be issued.



(e) At the hearing the director shall have such powers as

are conferred upon him in section 354.190.



(f) At the conclusion of the hearing, or within ten days

thereafter, the director shall issue the cease and desist order

as proposed or as subsequently modified or notify the person or

corporation subject to the provisions of sections 354.010 to

354.380 that no order shall be issued, provided that where the

director finds that the corporation is in such financial

condition that the assumption of additional obligations would be

hazardous to its members or the general public, he may order the

corporation to cease and desist from making contracts for new

members or for the provision of new benefits until the

corporation's financial condition is no longer hazardous.



(g) The circuit court of Cole County shall have jurisdiction

to review any cease and desist order of the director under the

provisions of sections 536.100 to 536.150, RSMo; and, if any

person against whom an order is issued fails to request judicial

review, or if, after judicial review, the director's cease and

desist order is upheld, the order shall become final.



2. (1) Any person willfully violating any provision of any

cease and desist order of the director after it becomes final,

while the same is in force, upon conviction thereof shall be

guilty of a class A misdemeanor, punishable as provided by law.



(2) In addition to any other penalty provided, violation of

any cease and desist order shall subject the violator to

suspension or revocation of any certificate of authority or

license as may be applicable under the laws of this state

relating to corporations subject to the provisions of sections

354.010 to 354.380.



3. (1) When it appears to the director that there is a

violation of the law, rule or regulation relating to corporations

subject to the provisions of sections 354.010 to 354.380, and

that the continuance of the acts or actions of any person as

herein defined would produce injury to the public or to any other

person in this state, or when it appears that a person is doing

or threatening to do some act in violation of the laws of this

state relating to corporations subject to the provisions of

sections 354.010 to 354.380, the director may file a petition for

injunction in the circuit court of Cole County, Missouri, in

which he may ask for a temporary injunction or restraining order

as well as a permanent injunction to restrain the act or

threatened act. In the event the temporary injunction or

restraining order or a permanent injunction is issued by the

circuit court of Cole County, Missouri, no person against whom

the temporary injunction or restraining order or permanent

injunction is granted shall do or continue to do any of the acts

or actions complained of in the petition for injunction, unless

and until the temporary injunction or restraining order or

permanent injunction is vacated, dismissed or otherwise

terminated.



(2) Any writ of injunction issued under this law may be

served and enforced as provided by law in injunctions issued in

other cases, but the director of the insurance department shall not

be required to give any bond as preliminary to or in the course

of any proceedings to which he is a party as director.



4. The term "person" as used in this section shall include

any individual, partnership, corporation, association or trust,

or any other legal entity.



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