Missouri Revised Statutes
Chapter 276 - Stockyards, Grain and Produce Exchanges
Section 276.423 - Examination by department, when, fee — discrepancy reports, contents — director may modify, suspend or revoke license, when — subpoenas.

Effective - 02 Apr 1997
276.423. Examination by department, when, fee — discrepancy reports, contents — director may modify, suspend or revoke license, when — subpoenas. — 1. The department shall make at least one complete examination of each state licensed class I, class II and class III grain dealer each year and may examine class IV, class V and class VI state licensed grain dealers. The annual grain dealer examination for grain dealers holding a federal warehouse license under the United States Warehouse Act may be waived if the director is satisfied as to the quality of the audit performed under the United States Warehouse Act and receives a full copy of such audit.
2. Any additional examinations deemed necessary by the department during any year shall be at the expense of the department. If upon any examination a discrepancy is found to exist, the director may collect a fee for that examination and for any subsequent examination deemed necessary to insure that the discrepancy is corrected. The fee for each such examination shall be computed in accordance with rates established by the director by rule. This subsection applies equally to all classes of grain dealers which may be examined by the department.
3. Any dealer may request additional examinations at the expense of the dealer. The director may collect a fee for each special or requested examination or for extra work beyond regular examination procedures in connection with regularly scheduled examinations, computed in accordance with the rates established in section 276.506.
4. Upon completion of any examination which reveals a failure to comply with the provisions of sections 276.401 to 276.582, and the regulations promulgated hereunder, the director or any department auditor, within a reasonable time, shall present a written discrepancy report to the dealer, his employee or agent. The report shall specify the areas of noncompliance and shall give a specific period of time, reasonable and practical under the circumstances, within which corrective action is to be taken. A report of that corrective action shall be sent to the director. If, after further examination, the discrepancy still exists, the director may modify, suspend or revoke the dealer's license, or the director may take whatever other action he deems necessary consistent with the provisions of sections 276.401 to 276.582 until the dealer has corrected the discrepancy.
5. The director is hereby authorized to issue subpoena duces tecum to any financial institutions, or to any other type of business entity, causing them to deliver any and all records of a licensee, or any and all records kept pertaining to a licensee or any person who in the opinion of the director may need to be licensed. Such financial institutions, or other business entities, are hereby authorized and required to deliver any and all such records to the director notwithstanding any law to the contrary. This section applies to persons or individual accounts or transactions as well as to corporate records where the licensee, or person, who in the opinion of the director, needs to be licensed, is conducting business in corporate form.
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(L. 1986 H.B. 1578, A.L. 1997 H.B. 211)
Effective 4-02-97

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVII - Agriculture and Animals

Chapter 276 - Stockyards, Grain and Produce Exchanges

Section 276.010 - Stockyard deemed public market and subject to law.

Section 276.020 - Associations to operate public market — rights of members.

Section 276.030 - Unlawful to refuse membership to any applicant — subject to criminal and civil laws.

Section 276.040 - Unlawful to discriminate.

Section 276.050 - Agreement limiting distribution of profits by members prohibited.

Section 276.060 - Attorney general to bring suit in cases of violation.

Section 276.070 - Violation may be enjoined.

Section 276.080 - When deemed guilty of a misdemeanor — subject to fine.

Section 276.090 - Grain exchange deemed public market and subject to law.

Section 276.100 - Organization may make and enforce bylaws and rules.

Section 276.110 - Unlawful to limit right to distribute profits — prima facie evidence of discrimination.

Section 276.120 - Unlawful to refuse membership or delay granting same — circuit court may compel issuance of membership, when.

Section 276.130 - Attorney general to bring suit — court may issue injunction.

Section 276.140 - Violation is cause for enjoining operation.

Section 276.150 - Violation a misdemeanor.

Section 276.160 - Poultry and egg exchanges deemed public markets and subject to law.

Section 276.170 - Organizations may make and enforce bylaws and rules.

Section 276.180 - Unlawful to limit the right to distribute profits — prima facie evidence of discrimination.

Section 276.190 - Unlawful to refuse membership or delay granting same — circuit court may compel issuance of membership — when.

Section 276.200 - Unlawful to discriminate.

Section 276.210 - Attorney general to bring suit — court may issue injunction.

Section 276.220 - Violation may be enjoined.

Section 276.230 - Violation a misdemeanor.

Section 276.401 - Title, and scope of the law — definitions.

Section 276.403 - Purpose and construction of law.

Section 276.406 - Director's powers and duties — rules and regulations, authority, procedure — subpoenas — administrative hearings on liability of sureties, review.

Section 276.411 - License required — administrative hearing for violation, penalty — license application forms, renewal applications — penalty for late renewal.

Section 276.421 - Financial statement to accompany application, how prepared — false statement, penalty — minimum net worth and assets required.

Section 276.423 - Examination by department, when, fee — discrepancy reports, contents — director may modify, suspend or revoke license, when — subpoenas.

Section 276.426 - Surety bond required — conditions — lack of, considered violation — cancellation procedure, effect — items covered by bond, not covered — distribution of bond proceeds by director, procedure, appeal — surety, failure to pay, penalty...

Section 276.431 - Provisions and rules relating to bonds to apply to certificates of deposit — irrevocable letters of credit may be accepted, conditions, demand by director, procedure — failure by bank to pay, when, penalty — funds returned to bank,...

Section 276.436 - Amount of bond — director to establish by rule — formula — minimum and maximum — additional bond because of low net worth or other circumstances — failure to maintain, effect.

Section 276.441 - Dealer may request use of minimum bond, procedure.

Section 276.451 - Examination of application, duties of director — issuance and renewal of licenses — nontransferable — separate license for each location — suspension or revocation, grounds, duties of director, appeal, bond.

Section 276.456 - License to be displayed — certificate of license to be in each grain transporting vehicle.

Section 276.461 - Dealer to pay for grain, when — failure to make payment on demand, director's duties, grounds for modification, suspension or revocation of license — demands, how made.

Section 276.471 - Records to be maintained by dealer — retention for inspection.

Section 276.476 - Auditors may be appointed — highway patrol to cooperate.

Section 276.481 - Inspection of premises and records — dealers may be required to report — transporters to have proper records — director to investigate.

Section 276.486 - Injunctive relief may be sought — who to prosecute — director may conduct investigations and hearings — attendance of witnesses.

Section 276.491 - Modification, suspension or revocation of license — licensee to be notified of complaints — emergency temporary suspensions, length — hearing required — appeal procedure — time for filing claims, effect of failure to act within time...

Section 276.496 - Dealer to terminate all agreements upon expiration or revocation of license — notices — director to prescribe procedure — business may operate during periods of suspension — dealer to pay costs.

Section 276.501 - Insolvency, director may request ex parte order to be named trustee and be given immediate possession — procedure — order, contents — dealer may file response, when — hearing, when — notice, duties of director — director not to oper...

Section 276.506 - Fees.

Section 276.511 - Classification of dealers.

Section 276.516 - Dealers to issue scale tickets — contents — how filed — evidence of holder's claim for payment.

Section 276.521 - Grain purchase contracts — form to be prescribed by director.

Section 276.531 - Nonresident licensee to designate resident agent — agent to forward notices.

Section 276.536 - Penalties — attorney general and prosecutors may prosecute upon complaint.

Section 276.541 - Director not to be interested in grain buying.

Section 276.546 - State not guarantor.

Section 276.551 - Information confidential, exceptions.

Section 276.556 - Hearings, director to promulgate rules.

Section 276.561 - Formal notices may be eliminated, when — parties may resolve differences.

Section 276.566 - Director may contract with other states regarding uniform procedures.

Section 276.571 - Licenses may be revoked or suspended because of actions in other states, when, procedure.

Section 276.576 - Satisfaction of bonding requirements.

Section 276.581 - Bonds may be copayable to another state.

Section 276.582 - Signs to be posted stating licensing status of grain dealer, requirements, violation, penalties — attorney general may investigate violations, also for grain warehouses, when.

Section 276.600 - Short title.

Section 276.606 - Definitions.

Section 276.611 - Dealers to register with director.

Section 276.615 - Records to state veterinarian, when.

Section 276.617 - Livestock dealer law enforcement and administration fund, created — use, investment of funds — fund not to lapse.

Section 276.621 - Violations of chapter.

Section 276.626 - Powers and duties of director — rules and regulations.

Section 276.631 - Director may investigate, purpose — hearing, procedures, subpoena power, appeal — penalty, limitation.

Section 276.641 - Records, dealer to keep.

Section 276.646 - Director granted subpoena power — venue, where.

Section 276.661 - Director may petition for injunctive relief, how.