252.318. Annual inspection--notification of noncompliance--administrative procedure.
Annual inspection--notification of noncompliance--administrativeprocedure.
252.318. 1. All land participating in the agroforestryprogram shall be inspected annually by a representative of thedirector, to ensure that the land continues to comply with therequirements of sections 252.300 to 252.333 and that practicespecifications are being maintained in accordance withapplicable rules and regulations.
2. If the annual inspection determines that the land is nolonger in compliance with the provisions of sections 252.300 to252.333 or with the rules and regulations promulgated pursuantto the provisions of sections 252.300 to 252.333, the directorshall notify the landowner of that fact and shall detail thespecifics in which the land fails to meet the requirements. Thelandowner may respond to the notice within thirty days ofreceipt, either by contesting the inspection report or byproviding the director with a proposal to correct the problemswhich form the basis of the notice. If the landowner conteststhe findings of the annual inspection, the aggrieved landownermay request a hearing before the conservation commission or itsauthorized representative or the landowner may proceed under theprovisions of section 536.150, RSMo, as if the act of theconservation department was one not subject to administrativereview. If an action is brought pursuant to section 536.150,RSMo, venue shall be in Cole County. If the landowner providesthe director with a proposal to correct the problems which formthe basis of the notice, the director shall review the proposaland, if the director finds such proposal acceptable, shall allowthe landowner to implement the proposal to correct the allegedproblems and shall not suspend the annual payment to thelandowner under the provisions of sections 252.300 to 252.333.If the landowner is unable or unwilling to correct the allegedproblems in a manner acceptable to the director, the landownershall not receive the subsequent payments due under theprovisions of sections 252.300 to 252.333.
(L. 1990 H.B. 1653 § 7)