Section 276.491

Title XVII AGRICULTURE AND ANIMALS

Chapter 276

Effective - 02 Apr 1997, see footnote   

  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.

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(L. 1980 H.B. 1627 § 19, A.L. 1997 H.B. 211)

Effective 4-02-97