276.423. Examination by department, when, fee--discrepancy reports, contents--director may modify, suspend or revoke license, when--subpoenas.
Examination by department, when, fee--discrepancy reports,contents--director may modify, suspend or revoke license,when--subpoenas.
276.423. 1. The department shall make at least one completeexamination of each state licensed class I, class II and class III graindealer each year and may examine class IV, class V and class VI statelicensed grain dealers. The annual grain dealer examination for graindealers holding a federal warehouse license under the United StatesWarehouse Act may be waived if the director is satisfied as to the qualityof the audit performed under the United States Warehouse Act and receives afull copy of such audit.
2. Any additional examinations deemed necessary by the departmentduring any year shall be at the expense of the department. If upon anyexamination a discrepancy is found to exist, the director may collect a feefor that examination and for any subsequent examination deemed necessary toinsure that the discrepancy is corrected. The fee for each suchexamination shall be computed in accordance with rates established by thedirector by rule. This subsection applies equally to all classes of graindealers which may be examined by the department.
3. Any dealer may request additional examinations at the expense ofthe dealer. The director may collect a fee for each special or requestedexamination or for extra work beyond regular examination procedures inconnection with regularly scheduled examinations, computed in accordancewith the rates established in section 276.506.
4. Upon completion of any examination which reveals a failure tocomply with the provisions of sections 276.401 to 276.582, and theregulations promulgated hereunder, the director or any department auditor,within a reasonable time, shall present a written discrepancy report to thedealer, his employee or agent. The report shall specify the areas ofnoncompliance and shall give a specific period of time, reasonable andpractical under the circumstances, within which corrective action is to betaken. A report of that corrective action shall be sent to the director.If, after further examination, the discrepancy still exists, the directormay modify, suspend or revoke the dealer's license, or the director maytake whatever other action he deems necessary consistent with theprovisions of sections 276.401 to 276.582 until the dealer has correctedthe discrepancy.
5. The director is hereby authorized to issue subpoena duces tecum toany financial institutions, or to any other type of business entity,causing them to deliver any and all records of a licensee, or any and allrecords kept pertaining to a licensee or any person who in the opinion ofthe director may need to be licensed. Such financial institutions, orother business entities, are hereby authorized and required to deliver anyand all such records to the director notwithstanding any law to thecontrary. This section applies to persons or individual accounts ortransactions as well as to corporate records where the licensee, or person,who in the opinion of the director, needs to be licensed, is conductingbusiness in corporate form.
(L. 1986 H.B. 1578, A.L. 1997 H.B. 211)Effective 4-2-97