276.451. Examination of application, duties of director--issuance and renewal of licenses--nontransferable--separate license for each location--suspension or revocation, grounds, duties of director, a

MISSOURI STATUTES AND CODES

276.451. Examination of application, duties of director--issuance and renewal of licenses--nontransferable--separate license for each location--suspension or revocation, grounds, duties of director, a

Examination of application, duties of director--issuance andrenewal of licenses--nontransferable--separate license for eachlocation--suspension or revocation, grounds, duties of director,appeal, bond.

276.451. 1. Upon receiving a dealer's original applicationfor licensure, the director may make such examination andinquiries into the applicant's business, past business history,business reputation and may view all information available to theextent he deems necessary to determine that:

(1) The application is sufficient;

(2) The bond filed by the applicant is sufficient;

(3) The applicant is capable of performing the servicesproposed;

(4) The applicant has sufficient financial resources toguarantee payment for grain purchased;

(5) The applicant is willing and able to comply with theprovisions of sections 276.401 to 276.581 and regulationspromulgated hereunder;

(6) The applicant, or, if the applicant is a corporation orpartnership, officer, majority shareholder, board member, orpartner has not been involved in improper or illegal manipulationof grain inventories and grain purchases which involved orresulted in any losses to grain sellers within the ten-yearperiod of time immediately preceding the date the directorreceived the application.

2. If the director is not satisfied with the applicant'squalifications as stated in this section, the application may bedenied. If the application is denied, notice shall be mailed tothe applicant setting forth the reasons for the denial of thelicense. Within fifteen days of receipt of a notice of denialfor license, the applicant may file a written application withthe director for a hearing on the denial. The hearing shall becarried out in accordance with the provisions of this chapter,regulations promulgated hereunder, and chapter 536, RSMo.

3. Licenses shall be renewed annually on the last day of thefifth month after the close of the dealer's fiscal year.

4. A dealer making original application for license, andfulfilling all requirements for licensing as stated in sections276.401 to 276.581, shall be issued a license effective from thedate of application and terminating on the last day of the fifthmonth after the close of the dealer's fiscal year.

5. A dealer's license may be renewed annually by the filingof an application on a form prescribed by the director andaccompanied by a true and accurate financial statement preparedin accordance with the requirements for financial statements setforth in section 276.421.

6. A separate license shall be required for each location inwhich the records are normally kept and from which grain paymentsare made for transactions of the dealer.

7. A dealer's license is not transferable or assignable toany person, including successors in interest to the licensee.

8. The director shall not issue a license, renew a license,or allow a license to remain in effect if the dealer or applicantfails to:

(1) Comply with sections 276.401 to 276.581 and theregulations promulgated pursuant to sections 276.401 to 276.581;or

(2) Pay all required fees and assessed penalties.

9. If the holder of any grain dealer's license is convictedof any violation of sections 276.401 to 276.581, or if thedirector determines that any holder of such license has violatedany of the provisions of such sections, or any of the rules andregulations adopted by the director under the provisions of suchsections, the director may at his discretion modify, suspend,cancel, revoke, or refuse to renew the license of the holder.

10. Whenever the director shall modify, suspend, cancel,revoke or refuse to issue any license he shall prepare an orderso providing which shall be signed by the director or some persondesignated by him, and the order shall state the reason orreasons for the modification, suspension, cancellation,revocation or refusal to issue the license. The order shall besent by certified mail to the licensee or applicant at theaddress of the dealer licensed or applying for a license. Withinthirty days after the mailing of the order, the licensee, ifaggrieved by the order of the director, may appeal as provided inchapter 536, RSMo. At the time of the filing of the appeal, theparty appealing shall give a bond for costs conditioned on hisprosecuting the appeal without delay and paying all costsassessed against him. In addition, the licensee shall post abond which shall remain in effect pending final disposition ofall appeals, including review by the Missouri court of appeals orMissouri supreme court, or federal review, in an amountsufficient to cover all grain purchases and grain purchaseobligations of the licensee as identified by the director. Theposting of such bond is jurisdictional to the circuit court'sauthority to entertain the appeal.