276.486. Injunctive relief may be sought--who to prosecute--director may conduct investigations and hearings--attendance of witnesses.
Injunctive relief may be sought--who to prosecute--director mayconduct investigations and hearings--attendance of witnesses.
276.486. 1. The director may apply for a restraining order or atemporary or permanent injunction against the operation of a dealer whichis in violation of sections 276.401 to 276.582 or regulations promulgatedhereunder or in order to enforce sections 276.401 to 276.582 or suchregulations, notwithstanding the existence of other remedies at law. Therestraining order or injunction may be prosecuted by the attorney generalor the prosecuting attorney of the proper county upon request of thedirector.
2. The director may apply for a restraining order or a temporary orpermanent injunction enjoining a grain dealer from disposing of any grainowned, in whole or in part, or held or in his possession whether owned inwhole or in part, or enjoining anyone from removing any grain in which thegrain dealer or claimants from which he has purchased grain have aninterest. The restraining order or injunction may be prosecuted by theattorney general or the prosecuting attorney of the proper county uponrequest of the director.
3. The director shall have power in the conduct of any investigationor hearing authorized or held by him to:
(1) Examine, or cause to be examined, under oath, any person;
(2) Examine, or cause to be examined, books and records of any dealeror warehouseman;
(3) Hear such testimony and take such evidence as will assist him inthe discharge of his duties under this chapter;
(4) Administer or cause to be administered oaths;
(5) Issue subpoenas to require the attendance of witnesses and theproduction of books; and
(6) Serve, or cause to be served, any subpoena, petition, or orderrequired for the administration of this chapter.
4. Any circuit court may, by order duly entered, require theattendance of witnesses and the production of relevant books and recordssubpoenaed by the director, and the court may compel obedience to its orderby proceedings for contempt.
(L. 1980 H.B. 1627 § 18, A.L. 1997 H.B. 211)Effective 4-2-97