265.289. Department to enforce provisions--violations, procedure, penalty.

MISSOURI STATUTES AND CODES

265.289. Department to enforce provisions--violations, procedure, penalty.

Department to enforce provisions--violations, procedure, penalty.

265.289. 1. The department of agriculture shall enforce theprovisions of sections 265.280 to 265.289.

2. Any person found to be in violation of any provision of sections265.280 to 265.289 shall be issued a notice of violation. The notice shallstate the date issued, the name and address of the person to whom issued,the nature of the violation, the statute or regulation violated, and thename and position of the person issuing the notice. The notice shall alsocontain a warning that the violation may result in an informal or formaladministrative hearing or both.

3. Any person issued a notice of violation may be afforded anopportunity by the director of the department of agriculture to explainsuch facts at an informal hearing to be conducted within fourteen days ofsuch notification. In the event that such person fails to timely respondto such notification or upon unsuccessful resolution of any issues relatingto an alleged violation, such person may be summoned to a formaladministrative hearing before the director or a designated hearing officerconducted in conformance with chapter 536, RSMo, and if found to havecommitted two or more violations within twelve months, may be ordered tocease and desist from such violations, such order may be enforced in thecircuit court, and, in addition, may be required to pay a penalty of notmore than five hundred dollars per violation. Any party to such hearingaggrieved by a determination of a hearing officer may appeal to the circuitcourt of the county in which the party resides, or if the party is thestate, in Cole County, in accordance with chapter 536, RSMo.

4. Any penalty assessed and collected by the director shall bedeposited with the state treasurer to the credit of the general revenuefund of the state.