Mo. Rev. Stat. » Chapter 390
Missouri Revised Statutes

Mo. Rev. Stat. § 390.156 (2026)

Action for penalty or forfeiture, how prosecuted

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  390.156.  Action for penalty or forfeiture, how prosecuted — defenses — disposition of penalties recovered. — 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.  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. 1951 p. 547 § 390.177, A.L. 1986 H.B. 1428)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Notes of Decisions
Cited in 9 cases, 1959–2008 · leading case: State ex rel. Missouri Div. of Transp. v. Sure-Way Transp., Inc., 884 S.W.2d 349 (Mo. Ct. App. 1994).
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State ex rel. Missouri Div. of Transp. v. Sure-Way Transp., Inc., 884 S.W.2d 349 (Mo. Ct. App. 1994). · cites it 5× “The Division’s administrative law judge determined that the Division had established cause to seek penalties against Sure-Way, 1 and the Division filed a suit for penalties with the Boone County Circuit-Court pursuant to § 390.156, RSMo 1986. 2 The Division filed a motion for…”
State ex rel. Div. of Transp. v. Sure-Way Transp., Inc., 948 S.W.2d 651 (Mo. Ct. App. 1997). · cites it 4× “DOT, in turn, appealed the circuit court’s decision. This court reversed the circuit court’s decision and remanded the case to the trial court for entry of judgment consistent with the ALJ’s decision.”
Stigger v. Mann, 263 S.W.3d 721 (Mo. Ct. App. 2008). · cites it 4× “In Sure-Way, there was a unique procedure as to a civil action for penalties against trucking companies pursuant to section 390.156. Sure-Way II, 884 S.W.2d at 353 n.”
State v. Graham, 322 S.W.2d 188 (Mo. Ct. App. 1959). · cites it 2× “Section 390.156 (formerly Section 390.-177) provides that an action to recover penalties may be commenced and prosecuted by the general counsel of the commission.”
Orphant v. St. Louis State Hosp., 441 S.W.2d 355 (Mo. 1969). · cites it 3× “The relevant statute in that case was Section 390.156, RSMo 1959, which provides that an action to recover such a statutory penalty shall be brought “in the name of the state of Missouri”, and shall be commenced and prosecuted to final judgment by the General Counsel to the…”
State ex rel. Sureway Transp., Inc. v. Div. of Transp. Dep't of Econ. Dev., 836 S.W.2d 23 (Mo. Ct. App. 1992). “The administrative law judge authorized the Division to seek penalties against Sure-Way in the appropriate circuit court pursuant to § 390.156. 4 Sure-Way appealed the decisions to the Cole County circuit court.”
State ex rel. Pub. Serv. Comm'n v. Logan, 411 S.W.2d 86 (Mo. 1967). · cites it 3× “Section 390.156 RSMo 1959, V.A.M.S. provides that an action to recover a penalty or forfeiture under Sections 390.”
State ex rel. Philipp Transit Lines, Inc. v. Pub. Serv. Comm'n, 523 S.W.2d 353 (Mo. Ct. App. 1975). · cites it 2× “The Commission is authorized under Section 390.156 to direct its general counsel to begin an action to recover penalties or forfeitures or to enforce the powers of the Commission.”
State v. Carroll, 620 S.W.2d 22 (Mo. Ct. App. 1981). · cites it 4× “At the direction of the Public Service Commission, its general counsel brought this action under § 390.156, RSMo 1978, seeking the penalties provided in § 390.”
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