276.536. Penalties--attorney general and prosecutors may prosecute upon complaint. - Missouri Statutes

Penalties--attorney general and prosecutors may prosecute uponcomplaint.

276.536. 1. Upon conviction, any person who does any of thefollowing is guilty of a class B misdemeanor:

(1) Engaging in the business of being a grain dealer withoutsecuring a license prior to engaging in said business. If agrain dealer has been charged, and has paid, a penalty fee foroperating without a license as set forth in section 276.411, thegrain dealer may not be charged with a class B misdemeanor foroperating without a license for the time period covered by thepenalty fee;

(2) Violating any of the provisions of sections 276.401 to276.581;

(3) Impeding, hindering, obstructing, or otherwisepreventing or attempting to prevent the director, the director'sdesignated representative, employees, or any auditor in theperformance of his duty in connection with sections 276.401 to276.581 or the regulations promulgated pursuant thereto;

(4) On the part of any person, refusing to permit inspectionof his premises, books, accounts or records as provided insections 276.401 to 276.581.

2. In case of a continuing violation, each day a violationoccurs constitutes a separate and distinct offense.

3. It shall be the duty of the attorney general or eachprosecuting attorney to whom any violation of sections 276.401 to276.581 is reported to cause appropriate proceedings under thissection to be instituted and prosecuted in a court of competentjurisdiction without delay. Before a violation is reported forprosecution, the director may give the grain dealer anopportunity to present his views at an informal hearing. In theevent the director determines that a prosecutor to whom aviolation has been reported has failed to institute appropriateproceedings, the director may make a written report of thefailure to institute proceedings to the attorney general. Theattorney general may investigate the circumstances which resultedin the report. If the attorney general determines additionalproceedings are appropriate, he shall cause such proceedings tobe instituted. When the attorney general causes such aproceeding to be instituted, he shall have all the powers andrights of the office of the prosecuting attorney to whom theviolation was originally reported. Such powers and rights arerestricted to the prosecution of the specific case reported.

4. A grain dealer licensed or required to be licensed undersections 276.401 to 276.581, or any officer, agent, or servant ofsuch grain dealer who files false records, scale tickets,financial papers or accounts with the director, or who withholdsrecords, scale tickets, financial papers or accounts from thedirector, or who alters records, scale tickets, financial papersor accounts in order to conceal amounts owed to sellers of grainor actual amounts of grain received and paid or not paid for orfor the purpose of in any way misleading department auditors andofficials is, upon conviction, guilty of a class C felony.

5. Any duly authorized officer or employee appointed underthe provisions of sections 276.401 to 276.581 who neglects hisduty, or who knowingly or carelessly inspects, grades, tests, orweighs any grain improperly, conducts an inspection improperly,intentionally falsifies any inspection report, or intentionallygives false information, or who accepts any money or othervaluable consideration, directly or indirectly, for any neglectof duty as such duly authorized officer or employee in theperformance of his duties as such officer or employee is deemedguilty of a class B misdemeanor.

(L. 1980 H.B. 1627 § 27, A.L. 1986 H.B. 1578)

Effective 4-22-86