276.631. Director may investigate, purpose--hearing, procedures, subpoena power, appeal--penalty, limitation.
Director may investigate, purpose--hearing, procedures, subpoenapower, appeal--penalty, limitation.
276.631. 1. The director may, upon his own motion or uponverified complaint in writing of any person, investigate theactions of any livestock dealer or other person engaging inlivestock transactions. If such person is found to be inviolation of any provision of sections 276.600 to 276.661, thedirector may summon same to a hearing which shall be set no laterthan twenty business days from the date of the summons. At anytime after the summons is issued, the director may apply to thecircuit court in the county in which the livestock dealerresides, or, if a nonresident, in Cole County, and the courtshall be authorized to enter an order barring further purchasesor sales of livestock. Such order shall remain in effect untilthe administrative hearing provided for in this section shall behad.
2. At the hearing, the livestock dealer or other personengaging in livestock transactions and the state shall have theopportunity to present in person or by counsel such statements,testimony, evidence and argument as may be pertinent to thecharges or to any defense. The director may subpoena any personsor documents incident to the hearing, may take testimony orally,by deposition or by exhibit, in the same manner and with the samefees and mileage as prescribed in judicial proceedings in civilcases. The director or his designated representative may alsoadminister oaths to those giving evidence. Following thehearing, the director may:
(1) Assess a penalty upon such livestock dealer or otherperson engaging in livestock transactions in an amount not toexceed ten thousand dollars for each violation of sections276.600 to 276.661; or
(2) Dismiss the case.
3. Any person aggrieved by a decision of the director aftera hearing pursuant to this section may appeal to the circuitcourt.
(L. 1987 H.B. 368, A.L. 1989 H.B. 362)