Effective - 02 Apr 1997
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. — 1. The director may, after a hearing or upon verified complaint filed by any person, modify, suspend or revoke the license of any person licensed under sections 276.401 to 276.582 for the violation of or failure to comply with the provisions of sections 276.401 to 276.582 or regulations promulgated pursuant to sections 276.401 to 276.582.
2. Any information of a verified complaint stating the grounds for modification, suspension or revocation shall be filed with the director. The director shall notify the licensee of the complaint and furnish him with a copy of the information or the complaint and a copy of the order of the director fixing the time for a hearing, which time shall be at least five days but not more than thirty days from the date of notification. Such written notification may be served by personal service on the licensee or by mailing the same by registered or certified mail to the place of business specified by the licensee in the last application or notification to the director.
3. If at any time the director determines that the public good requires immediate action, and that there is reasonable cause to believe that there exists a violation of sections 276.401 to 276.582 or regulations promulgated pursuant hereunder, and that the nature of the violation is such that there exists an immediate danger of loss to any claimant, the director may, upon the filing of the information or the complaint with the licensee, without hearing, temporarily suspend a license pending the determination of the complaint. Such temporary suspension shall be for not longer than ninety days. When a license is suspended without hearing, however, the director shall grant a hearing to be held in accordance with the provisions of sections 276.401 to 276.582 as soon thereafter as is possible, but not later than five days after such temporary suspension.
4. At the time and place fixed in the notice, the director shall proceed to hear the matter and any charges made, and both the licensee and complainant shall be accorded ample opportunity to present in person or by counsel such statement, testimony, evidence, and arguments as may be pertinent to the matter or charges or to any defense thereto. The director may continue such hearing from time to time.
5. Any person aggrieved by the decision of the director may appeal the decision as provided in chapter 536.
6. Upon revocation of a license, any claim shall be filed against the former licensee and the surety company within one hundred twenty days after the date of revocation. Failure to timely file such claim shall defeat the claim for the purposes of recovery under the grain dealer's bond.
--------
(L. 1980 H.B. 1627 § 19, A.L. 1997 H.B. 211)
Effective 4-02-97
Structure 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 276.040 - 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 276.130 - 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 276.200 - 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 276.441 - Dealer may request use of minimum bond, procedure.
Section 276.471 - Records to be maintained by dealer — retention for inspection.
Section 276.476 - Auditors may be appointed — highway patrol to cooperate.
Section 276.511 - Classification of dealers.
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 276.576 - Satisfaction of bonding requirements.
Section 276.581 - Bonds may be copayable to another state.
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 276.621 - Violations of chapter.
Section 276.626 - Powers and duties of director — rules and regulations.
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.