Section 411.070

Title XXVI TRADE AND COMMERCE

Chapter 411

Effective - 02 Apr 1997, see footnote   

  411.070.  Director — powers and duties — rules, procedure. — 1.  The director shall:

  (1)  Supervise the handling, sampling, inspection, weighing and storage of grain in warehouses as required by this chapter;

  (2)  Supervise protein or other chemical analysis of grain where laboratories are now or may hereafter be established;

  (3)  Keep proper records of all sampling, inspection, weighing, protein or other chemical analysis performed under the provisions of this chapter;

  (4)  Employ, fix the salaries and pay all necessary personnel required to administer, execute and perform the duties required by the provisions of this chapter, including warehouse auditors whose duties may include making examinations, audits, inspections and investigations authorized under this chapter;

  (5)  Cause the operations of warehousemen licensed under this chapter to be examined.  The examinations may include an audit of all grain and all books, documents and records pertaining to the warehousemen's business operations, to determine whether the interests of producers, shippers and receivers of grain and the holders of warehouse receipts are adequately protected and safeguarded;

  (6)  Take such action or issue such orders as necessary to prevent any fraud upon or discrimination against depositors of grain in warehouses.  If upon examination, a deficiency is found to exist between physical inventory and the warehouseman's obligations, the director may require an examiner to remain at the warehouse and monitor all operations conducted thereat, involving grain stored under the provisions of this chapter, until such deficiency is corrected.

  2.  The director may:

  (1)  Promulgate and adopt such regulations in accordance with the provisions of chapter 536 as may be necessary for the efficient and effective enforcement of this chapter;

  (2)  Designate an employee of the department to act as his designated representative;

  (3)  Publish such data in connection with the administration of this chapter as may be of public interest;

  (4)  Require any forms, records or reports to be filed with the department, by any warehouseman, that he deems necessary to ensure compliance with the provisions of this chapter;

  (5)  Examine, or cause to be examined, at reasonable times, any warehouse, including an examination of grain stored therein and all books, documents and records pertaining thereto, in order to determine whether or not such facility should be licensed pursuant to this chapter;

  (6)  Prescribe minimum contents for any forms, records, contracts or reports that grain warehousemen use or by the provisions of this chapter and its pursuant regulations, are required to issue, file, maintain or keep;

  (7)  Issue subpoenas duces tecum for any records relating to a grain warehouseman's business;

  (8)  Prescribe procedures for hearings to be held in accordance with the provisions of this chapter and regulations promulgated hereunder; provided, however, an appeal from such hearings may be taken in accordance with the provisions of chapter 536;

  (9)  Conduct, or appoint a designated representative to conduct, administrative hearings pursuant to the provisions of this chapter and chapter 536.  Hearings may be conducted for the purpose of determining the liability of sureties which have filed bonds with the department on behalf of warehousemen licensed, or required to be licensed, under this chapter.  Hearings may be conducted for the purpose of determining the validity of grain-related claims filed with the department against such warehousemen and sureties, as well as the subsequent disbursement of all available funds, pro rata or otherwise, to satisfy claims determined to be valid.  An order issued by the director, or his designated representative, as a result of such hearings shall be final and legally binding on all parties unless appealed in accordance with the provisions of chapter 536;

  (10)  Serve, or cause to be served, any subpoena, petition, or order required for the administration of this chapter.

  3.  No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

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(L. 1941 p. 373 § 7, A.L. 1955 p. 853 § 411.080, A.L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1980 S.B. 601, A.L. 1986 H.B. 1578, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 H.B. 211)

Effective 4-02-97