276.406. Director's powers and duties--rules and regulations, authority, procedure--subpoenas--administrative hearings on liability of sureties, review.

MISSOURI STATUTES AND CODES

276.406. Director's powers and duties--rules and regulations, authority, procedure--subpoenas--administrative hearings on liability of sureties, review.

Director's powers and duties--rules and regulations, authority,procedure--subpoenas--administrative hearings on liabilityof sureties, review.

276.406. 1. The director shall:

(1) Be responsible for the efficient administration of thesupervisory and regulatory powers authorized by sections 276.401 to 276.581and the regulations promulgated hereunder;

(2) Issue a license, in accordance with the provisions of sections276.401 to 276.581, to any qualified applicant wishing to conduct businessas a licensed grain dealer;

(3) Provide for the filing and approval of the surety bonds requiredby sections 276.401 to 276.581.

2. The director may:

(1) Promulgate and adopt such rules, regulations and standards inaccordance with the provisions of chapter 536, RSMo, as may be necessaryfor the efficient and effective enforcement of sections 276.401 to 276.581;

(2) Appoint one or more designated representatives to act for thedirector in any manner required to aid in the efficient administration ofsections 276.401 to 276.581 and the regulations promulgated hereunder;

(3) Require records or reports pertaining to grain purchases or grainsales that the director deems necessary to ensure compliance with theprovisions of sections 276.401 to 276.581 and the regulations promulgatedhereunder;

(4) Prescribe procedures for hearings to be held inaccordance with the provisions of sections 276.401 to 276.581 and theregulations promulgated hereunder;

(5) Issue subpoenas and bring before the department any person andtake testimony either orally, by deposition, or by exhibit in the samemanner as prescribed by law in judicial proceedings and civil cases in thecircuit courts of this state;

(6) Issue subpoenas duces tecum on any records relating to a graindealer's business;

(7) Bring actions, in the name of the state of Missouri in thecircuit court of any county wherein a grain dealer resides or is found inorder to enforce compliance with sections 276.401 to 276.581 and theregulations promulgated hereunder by restraining order or injunction,either temporary or permanent;

(8) Conduct, or appoint a designated representative to conduct,administrative hearings pursuant to the provisions of sections 276.401 to276.581, and chapter 536, RSMo. Hearings may be conducted for the purposeof determining the liability of sureties which have filed bonds with thedepartment on behalf of grain dealers licensed, or required to be licensed,under said sections. Hearings may be conducted for the purpose ofdetermining the validity of grain-related claims filed with the departmentagainst such grain dealers 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 as provided in chapter 536,RSMo.

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.