364.060. Director may promulgate rules and regulations, issue subpoenas--enforcement--rulemaking, procedure, generally, this chapter.

MISSOURI STATUTES AND CODES

364.060. Director may promulgate rules and regulations, issue subpoenas--enforcement--rulemaking, procedure, generally, this chapter.

Director may promulgate rules and regulations, issuesubpoenas--enforcement--rulemaking, procedure, generally, thischapter.

364.060. 1. The director shall have the power to adopt andpromulgate all rules and regulations necessary to carry out the intent andpurposes of this chapter. A copy of every rule or regulation shall bemailed to each financing institution, postage prepaid, at least fifteendays in advance of its effective date; except, however, the failure of afinancing institution to receive a copy of the rules or regulations shallnot exempt it from the duty of compliance with the rules and regulationslawfully promulgated hereunder.

2. The director shall have the power to issue subpoenas to compel theattendance of witnesses and the production of documents, papers, books,records and other evidence before him in any matter over which he hasjurisdiction, control or supervision pertaining to this chapter. Thedirector shall have the power to administer oaths and affirmations to anypersons whose testimony is required.

3. If any person refuses to obey any such subpoena, or to givetestimony or to produce evidence as required thereby, any judge of thecircuit court of the county in which the licensed premises are located may,upon application and proof of the refusal, make an order awarding processof subpoena, or subpoena duces tecum, for the witness to appear before thedirector and to give testimony, and to produce evidence as requiredthereby. Upon filing the order in the office of the clerk of the court,the clerk shall issue process of subpoena, as directed, under the seal ofthe court, requiring the person to whom it is directed to appear at thetime and place therein designated.

4. If any person served with any subpoena shall refuse to obey and togive testimony, and to produce evidence as required thereby, the directormay apply to the judge of the court issuing the subpoena for an attachmentagainst the person as for a contempt. The judge, upon satisfactory proofof the refusal, shall issue an attachment, directed to any sheriff,constable or police officer, for the arrest of the person, and upon hisbeing brought before the judge, proceed to a hearing of the case. Thejudge shall have power to enforce obedience to the subpoena, and theanswering of any question, and the production of any evidence, that may beproper by a fine, not exceeding one hundred dollars or by imprisonment inthe county jail, or by both fine and imprisonment, and to compel thewitness to pay the costs of the proceeding to be taxed.

5. 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.