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Title XVII AGRICULTURE AND ANIMALS

Chapter 269

previous next Effective - 28 Aug 1992bottom

  269.110.  Director may suspend, revoke permits, notice, hearing, procedure — subpoenas, oaths — review. — 1.  The director shall have power to suspend, revoke or otherwise restrict or discipline a permittee under this chapter, in the event such permittee shall violate and fail or refuse to obey any of the provisions of this chapter; or in the event any permittee has been finally convicted of, found guilty of, or entered a guilty plea or nolo contendere to violating the laws of this state or the United States which in any manner affects* his conduct of said business whether or not sentence is imposed; provided, however, that before any permit shall be suspended, revoked, or otherwise restricted or disciplined, the permittee shall be furnished with a written copy of the charges made against him and a hearing shall be had before the director according to the provisions set forth in chapter 536.  At the hearing, such person 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, the director may take testimony orally, by deposition, or by exhibit, in the same and with the same fees and mileage as prescribed in judicial proceedings in civil cases.  The director may also administer oaths to those giving evidence.  Following the hearing the director may either suspend, revoke, or otherwise restrict or discipline any permit or certificate issued under this chapter.

  2.   Any person aggrieved by a decision of the director after the hearing prescribed in subsection 1 of this section may seek review of the decision by appeal de novo in the circuit court of the county of residence of the aggrieved.

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(L. 1941 p. 290 § 14493q, A.L. 1978 H.B. 1634, A.L. 1992 H.B. 878)

*Word "affecting" appears in original rolls.


---- end of effective   28 Aug 1992 ----

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