411.070. Director--powers and duties--rules, procedure.
Director--powers and duties--rules, procedure.
411.070. 1. The director shall:
(1) Supervise the handling, sampling, inspection, weighing andstorage of grain in warehouses as required by this chapter;
(2) Supervise protein or other chemical analysis of grain wherelaboratories 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 thischapter;
(4) Employ, fix the salaries and pay all necessary personnel requiredto administer, execute and perform the duties required by the provisions ofthis chapter, including warehouse auditors whose duties may include makingexaminations, audits, inspections and investigations authorized under thischapter;
(5) Cause the operations of warehousemen licensed under this chapterto be examined. The examinations may include an audit of all grain and allbooks, documents and records pertaining to the warehousemen's businessoperations, to determine whether the interests of producers, shippers andreceivers of grain and the holders of warehouse receipts are adequatelyprotected and safeguarded;
(6) Take such action or issue such orders as necessary to prevent anyfraud upon or discrimination against depositors of grain in warehouses. Ifupon examination, a deficiency is found to exist between physical inventoryand the warehouseman's obligations, the director may require an examiner toremain at the warehouse and monitor all operations conducted thereat,involving grain stored under the provisions of this chapter, until suchdeficiency is corrected.
2. The director may:
(1) Promulgate and adopt such regulations in accordance with theprovisions of chapter 536, RSMo, as may be necessary for the efficient andeffective enforcement of this chapter;
(2) Designate an employee of the department to act as his designatedrepresentative;
(3) Publish such data in connection with the administration of thischapter as may be of public interest;
(4) Require any forms, records or reports to be filed with thedepartment, by any warehouseman, that he deems necessary to ensurecompliance with the provisions of this chapter;
(5) Examine, or cause to be examined, at reasonable times, anywarehouse, including an examination of grain stored therein and all books,documents and records pertaining thereto, in order to determine whether ornot such facility should be licensed pursuant to this chapter;
(6) Prescribe minimum contents for any forms, records, contracts orreports that grain warehousemen use or by the provisions of this chapterand its pursuant regulations, are required to issue, file, maintain orkeep;
(7) Issue subpoenas duces tecum for any records relating to a grainwarehouseman's business;
(8) Prescribe procedures for hearings to be held in accordance withthe provisions of this chapter and regulations promulgated hereunder;provided, however, an appeal from such hearings may be taken in accordancewith the provisions of chapter 536, RSMo;
(9) Conduct, or appoint a designated representative to conduct,administrative hearings pursuant to the provisions of this chapter andchapter 536, RSMo. Hearings may be conducted for the purpose ofdetermining the liability of sureties which have filed bonds with thedepartment on behalf of warehousemen licensed, or required to be licensed,under this chapter. Hearings may be conducted for the purpose ofdetermining the validity of grain-related claims filed with the departmentagainst such warehousemen and sureties, as well as the subsequentdisbursement of all available funds, pro rata or otherwise, to satisfyclaims determined to be valid. An order issued by the director, or hisdesignated representative, as a result of such hearings shall be final andlegally binding on all parties unless appealed in accordance with theprovisions of chapter 536, RSMo;
(10) Serve, or cause to be served, any subpoena, petition, or orderrequired for the administration of this chapter.
3. No rule or portion of a rule promulgated under the authority ofthis chapter shall become effective unless it has been promulgated pursuantto the provisions of section 536.024, RSMo.
(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 4-2-97