Missouri § 277.050 - Suspension or revocation of license, grounds — hearing — review — violations of marketing laws, hearing procedure, penalties.

§ 277.050. Suspension or revocation of license, grounds — hearing — review — violations of marketing laws, hearing procedure, penalties.

1.  The director of the Missouri department of agriculture or his designated representative, after a public hearing, held after at least ten days' notice of the date of such hearing to the licensee together with a full copy of the charges of the alleged violations may suspend or revoke any license when he has sufficient evidence of the existence of any of the following violations, except that any suspension or revocation order made by the director is subject to appeal as provided in subsection 2 of this section:

(1)  Where there have been false or misleading statements willfully or knowingly made by the licensee as to the health, origin or physical condition of any animal or animals offered with regard to official tests or numbers of animals, or the practice of fraud or misrepresentation in connection therewith;

(2)  Where licensee engages in buying or receiving animals or receiving, selling, exchanging, soliciting or negotiating the sale, resale or exchange (a) of animals that are known or should by the use of reasonable care be known to be diseased or to have been exposed to contagious, infectious or communicable diseases that are likely to be transmitted to other animals or human beings or (b) of animals that are known to have been stolen;

(3)  Where the licensee fails to practice measures of sanitation and disinfection of premises or vehicles used by or for him in the stabling, yarding, housing, holding or transporting of animals as provided in this chapter;

(4)  Where there has been failure to keep records as required by this chapter, or where there is a refusal on the part of the licensee to produce records or transactions in the carrying on of the business for which the license is granted;

(5)  Where licensee fails to execute and maintain a satisfactory bond, as required in this chapter or where the licensee operates while insolvent or fails to timely pay for livestock;

(6)  Where the licensee refuses or fails to practice or put into effect any rule or regulation promulgated by the state veterinarian in regard to any and all matters relating to the enforcement of this chapter;

(7)  Where the licensee acting alone or in concert with any third party shall know or should know that such act violates any provision of the animal health laws of this state or of the United States, or any rules or regulations promulgated thereunder pertaining to the movement of livestock, or involving any method or procedure for the control, treatment, or eradication of any livestock disease.

2.  The licensee may, when any order is made by the director suspending or revoking his license or imposing a civil penalty, apply for review of such order as provided by chapter 536.

3.  In any situation wherein there is reason to believe that a violation exists involving the sanitary or structural condition of the market facility, the form in which records are maintained, or the procedures used in conducting sales, the licensee shall be notified thereof by certified letter and if corrective measures are not undertaken within a reasonable time, the licensee shall be summoned by the state veterinarian to appear at an informal hearing to discuss the violation.  In the event that there is a failure to resolve the issues in question or a failure to appear, the director shall then proceed under subsection 1 of this section.  For any individual violation of this chapter deemed by the director, after a public hearing, to warrant less than a suspension or revocation of license, the director may assess a civil penalty of not greater than one thousand dollars for each such violation, such penalty to be assessable against the licensee and also against any third party acting in concert or conspiring with the licensee.  Any civil penalties assessed under this subsection shall be deposited in the livestock sales and market fees fund.

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(L. 1943 p. 310 § 5, A.L. 1957 p. 20, A.L. 1989 S.B. 300)

Effective 5-04-89

---- end of effective  04 May 1989 ----

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