Section 276.631

Title XVII AGRICULTURE AND ANIMALS

Chapter 276

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)