Missouri Revised Statutes
Chapter 276 - Stockyards, Grain and Produce Exchanges
Section 276.631 - Director may investigate, purpose — hearing, procedures, subpoena power, appeal — penalty, limitation.

Effective - 28 Aug 1989
276.631. Director may investigate, purpose — hearing, procedures, subpoena power, appeal — penalty, limitation. — 1. The director may, upon his own motion or upon verified complaint in writing of any person, investigate the actions of any livestock dealer or other person engaging in livestock transactions. If such person is found to be in violation of any provision of sections 276.600 to 276.661, the director may summon same to a hearing which shall be set no later than twenty business days from the date of the summons. At any time after the summons is issued, the director may apply to the circuit court in the county in which the livestock dealer resides, or, if a nonresident, in Cole County, and the court shall be authorized to enter an order barring further purchases or sales of livestock. Such order shall remain in effect until the administrative hearing provided for in this section shall be had.
2. At the hearing, the livestock dealer or other person engaging in livestock transactions and the state shall have the opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to any defense. The director may subpoena any persons or documents incident to the hearing, may take testimony orally, by deposition or by exhibit, in the same manner and with the same fees and mileage as prescribed in judicial proceedings in civil cases. The director or his designated representative may also administer oaths to those giving evidence. Following the hearing, the director may:
(1) Assess a penalty upon such livestock dealer or other person engaging in livestock transactions in an amount not to exceed ten thousand dollars for each violation of sections 276.600 to 276.661; or
(2) Dismiss the case.
3. Any person aggrieved by a decision of the director after a hearing pursuant to this section may appeal to the circuit court.
­­--------
(L. 1987 H.B. 368, A.L. 1989 H.B. 362)

<< Previous
Next >>

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.