267.603. Quarantined livestock testing--violations of orders--hearing--witnesses, fees and mileage--penalties, fines--appeals--fines credited to enforcement and administration fund.
Quarantined livestock testing--violations oforders--hearing--witnesses, fees and mileage--penalties,fines--appeals--fines credited to enforcement and administrationfund.
267.603. 1. Any owner or custodian of livestock placedunder quarantine may be required by the state veterinarian totest or retest such livestock for disease, in accordance with theterms and conditions and upon such schedule as the stateveterinarian shall designate in his order of quarantine. In theevent that disease is discovered in any such livestock the ownerthereof shall comply with the order of the state veterinarian ineffecting the removal, disposition, or cure of any such diseasedlivestock, or animals or birds exposed thereto, in the manner andin the time period designated in such orders.
2. Any person who violates an order of the stateveterinarian issued under this section may be summoned by thedirector to a hearing to be held in the county where thelivestock are quarantined to be set not later than twenty daysfrom the date of summons. At the hearing, such person and thestate shall have the opportunity to present in person or bycounsel such statements, testimony, evidence and argument as maybe pertinent to the charges or to any defense. The director maysubpoena any persons or documents incident to the hearing, thedirector or his designated representative may take testimonyorally, by deposition or by exhibit, in the same manner and withthe same fees and mileage as prescribed in judicial proceedingsin civil cases. The director or his designated representativemay also administer oaths to those giving evidence. Followingthe hearing the director may:
(1) Assess a civil penalty in an amount not to exceed onethousand dollars for each violation and a penalty not to exceedfive hundred dollars for each day such person fails to implementtests for disease or effect the removal, disposal or cure oflivestock subject to prior order of quarantine; or
(2) Dismiss the case.
3. Any person aggrieved by a decision of the director aftera hearing pursuant to this section may appeal to the circuitcourt for a trial de novo in the county where the livestock arequarantined. All penalties assessed under this section shall becredited to the livestock dealer law enforcement andadministration fund.
(L. 1989 S.B. 300)Effective 5-4-89