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MISSOURI STATUTES AND CODES

411.271. Examination of warehouse--paid for by whom--discrepancy, effect of.

Examination of warehouse--paid for by whom--discrepancy, effect of.

411.271. 1. The department shall make at least one completeexamination of each state licensed public warehouse each year. Theexamination shall be at the expense of the warehouseman who shall becharged thereby a fee based on rates established by the director. Theminimum examination fee shall be fifty dollars. The examination shallinclude a weigh-up of all grain or a measure-up of all grain, as may beelected by the warehouseman.

2. Any additional examinations deemed necessary by the department tobe made during any year shall be at the expense of the department; exceptthat, if upon any examination a discrepancy is found to exist, the directormay collect a fee for that examination and for any subsequent examinationsdeemed necessary to insure that the discrepancy is corrected. The fee foreach such examination shall be computed in accordance with the provisionsof subsection 3 of this section.

3. Any warehouseman may request additional examinations at theexpense of the warehouseman. The director may collect a fee for eachspecial or requested examination of a public grain warehouse or for extrawork beyond regular examination procedures in connection with regularlyscheduled examinations, computed as follows:

(1) Necessary personal expenses in conformance with the rules andregulations promulgated by the commissioner of administration pursuant tosection 33.090, RSMo;

(2) A mileage allowance equal to the allowance established by thecommissioner of administration pursuant to section 33.095, RSMo;

(3) Twenty dollars for each man-hour required to complete theinspection.

4. Upon completion of any examination which reveals a failure tocomply with this chapter or regulations promulgated hereunder, the directoror any warehouse auditor, within a reasonable time, shall present a writtendiscrepancy report to the warehouseman, his employee or agent. The reportshall specify the areas of noncompliance and shall give a specific periodof time within which corrective action is to be taken. Such period of timeshall be both reasonable and practicable under the circumstance. A reportof that corrective action shall be sent to the director by thewarehouseman. If, after further examination, the discrepancy still exists,the director may modify, suspend, or revoke the warehouseman's license, orthe director may take whatever other action he deems necessary, consistentwith the provisions of this chapter, until the warehouseman has correctedthe discrepancy.

(L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1980 S.B. 601, A.L. 1986 H.B. 1578, A.L. 1997 H.B. 211)

Effective 4-2-97

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