276.491. Modification, suspension or revocation of license--licensee to be notified of complaints--emergency temporary suspensions, length--hearing required--appeal procedure--time for filing claims,
Modification, suspension or revocation of license--licensee to benotified of complaints--emergency temporary suspensions,length--hearing required--appeal procedure--time for filingclaims, effect of failure to act within time.
276.491. 1. The director may, after a hearing or upon verifiedcomplaint filed by any person, modify, suspend or revoke the license of anyperson licensed under sections 276.401 to 276.582 for the violation of orfailure to comply with the provisions of sections 276.401 to 276.582 orregulations promulgated pursuant to sections 276.401 to 276.582.
2. Any information of a verified complaint stating the grounds formodification, suspension or revocation shall be filed with the director.The director shall notify the licensee of the complaint and furnish himwith a copy of the information or the complaint and a copy of the order ofthe director fixing the time for a hearing, which time shall be at leastfive days but not more than thirty days from the date of notification.Such written notification may be served by personal service on the licenseeor by mailing the same by registered or certified mail to the place ofbusiness specified by the licensee in the last application or notificationto the director.
3. If at any time the director determines that the public goodrequires immediate action, and that there is reasonable cause to believethat there exists a violation of sections 276.401 to 276.582 orregulations promulgated pursuant hereunder, and that the nature of theviolation is such that there exists an immediate danger of loss to anyclaimant, the director may, upon the filing of the information or thecomplaint with the licensee, without hearing, temporarily suspend a licensepending the determination of the complaint. Such temporary suspensionshall be for not longer than ninety days. When a license is suspendedwithout hearing, however, the director shall grant a hearing to be held inaccordance with the provisions of sections 276.401 to 276.582 as soonthereafter as is possible, but not later than five days after suchtemporary suspension.
4. At the time and place fixed in the notice, the director shallproceed to hear the matter and any charges made, and both the licensee andcomplainant shall be accorded ample opportunity to present in person or bycounsel such statement, testimony, evidence, and arguments as may bepertinent to the matter or charges or to any defense thereto. The directormay continue such hearing from time to time.
5. Any person aggrieved by the decision of the director may appealthe decision as provided in chapter 536, RSMo.
6. Upon revocation of a license, any claim shall be filed against theformer licensee and the surety company within one hundred twenty days afterthe date of revocation. Failure to timely file such claim shall defeat theclaim for the purposes of recovery under the grain dealer's bond.
(L. 1980 H.B. 1627 § 19, A.L. 1997 H.B. 211)Effective 4-2-97