Section 266.347

Title XVII AGRICULTURE AND ANIMALS

Chapter 266

Effective - 28 Aug 1959, 2 histories, see footnote   (history) 

  266.347.  Penalties payable to purchaser or director, collection procedure. — 1.  The penalties assessed by the director under section 266.343 shall be paid by the distributor to the purchaser of such fertilizer, and in the event such purchaser cannot be ascertained, then said penalty shall be paid to the director and used for the purposes specified in section 266.321, except the maximum paid the purchaser will approximate the actual value of the deficiency.

  2.   The director shall prepare a written certification of penalties assessed under section 266.343 addressed to the distributor.  A copy of such certification of assessment shall be mailed to the distributor liable for the penalty.

  3.   Any decision, finding, order or ruling of the director made pursuant to the provisions of sections 266.291 through 266.351 shall be subject to judicial review in the manner provided by chapter 536.

  4.   If any distributor shall fail to pay any penalty assessed by the director after the time for judicial review has expired, or after any judgment or decree approving such assessment has become final, the person entitled to such penalty under the provisions of subsection 1 shall be entitled to bring a civil action to recover the same, and in such civil action such persons shall be entitled to recover from the distributor the amount of the penalty, a reasonable attorney's fee and costs of the action.

­­--------

(L. 1959 H.B. 236 § 266.350)