280.095. Stop-sale--stop-use--removal orders--hearing--seizure--condemnation. - Missouri Statutes

Stop-sale--stop-use--removal orders--hearing--seizure--condemnation.

280.095. 1. The director or his authorized agent isauthorized to issue and enforce written or printed "stop sale"orders to the owner or custodian of any treated timber and tohold those timber products at a designated place when thedirector or his authorized agent finds treated timber beingoffered for sale in violation of any provision of this chapter orrules promulgated pursuant thereto.

2. The owner or custodian of the treated timber subject tothe "stop sale" order may require, and upon request shall begranted, a hearing in the circuit court of the city or county inwhich the products are located to determine whether probablecause exists that the statutes or regulations have been violated.The hearing shall be granted within three working days of the dayof receipt by the court of the request for a hearing. Thedirector or his agent shall, at the time of the seizure, notifyin writing the custodian of the seized treated timber of theright to a hearing. If the custodian is not the owner of thetreated timber, the director or his agent shall make reasonableefforts to notify the person holding title to the property, asowner, of the seizure and of his right to a hearing.

3. The "stop sale" order shall be effective until the lawhas been complied with and the treated timber has been released,in writing, by the director, or the violations have beenotherwise legally disposed of by written authority. When therequirements of this chapter and rules promulgated hereto havebeen complied with, the director shall release the treatedtimber. If compliance is not obtained within thirty days, thedirector may begin, or upon request of the owner or custodianshall begin, proceedings for condemnation.

(L. 1979 S.B. 36, A.L. 1984 H.B. 863)

Effective 1-1-85