Effective 28 Aug 1991
375.945. Director's determination, judicial review. — 1. If after reviewing a written complaint alleging a violation of section 375.936 or 375.937 the director determines that a proceeding pursuant to section 375.940 would not be in the interest of the public, then any person who alleged commission of an unfair act or practice under section 375.936 or 375.937 shall be entitled to judicial review within thirty days of such determination as provided in section 536.140. The director's determination shall be in writing and shall state the reasons for such a determination. If the court, after reviewing such written complaint and written determination, finds under such section that a proceeding pursuant to section 375.940 would be in the interest of the public, the court may order the director to institute such proceedings. In addition, such person shall have the right pursuant to section 375.944 to request leave of court to adduce additional evidence before the court prior to the court entering an order under this subsection.
2. If after any hearing under section 375.940 or 375.946, the report of the director does not charge a violation of section 375.936 or 375.937, then any person who alleged commission of an unfair act or practice under this act* may, within thirty days after the mailing or delivery of such report, cause a petition for review to be filed in the circuit court of Cole County for a review of such report, in the manner provided in sections 536.100 to 536.140. Upon such review, the court shall have authority to issue appropriate orders and decrees in connections therewith, including, if the court finds that it is to the interest of the public, orders enjoining the restraining the continuance of any method of competitions, act or practice which it finds constitutes a violation of sections 375.930 to 375.948 and containing penalties as provided by section 375.942.
--------
(L. 1991 S.B. 53)
*"This act" (S.B. 53, 1991) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.