Suspension or revocation of license,grounds--hearing--review--violations of marketing laws, hearingprocedure, penalties.
277.050. 1. The director of the Missouri department ofagriculture or his designated representative, after a publichearing, held after at least ten days' notice of the date of suchhearing to the licensee together with a full copy of the chargesof the alleged violations may suspend or revoke any license whenhe has sufficient evidence of the existence of any of thefollowing violations, except that any suspension or revocationorder made by the director is subject to appeal as provided insubsection 2 of this section:
(1) Where there have been false or misleading statementswillfully or knowingly made by the licensee as to the health,origin or physical condition of any animal or animals offeredwith regard to official tests or numbers of animals, or thepractice of fraud or misrepresentation in connection therewith;
(2) Where licensee engages in buying or receiving animals orreceiving, selling, exchanging, soliciting or negotiating thesale, resale or exchange (a) of animals that are known or shouldby the use of reasonable care be known to be diseased or to havebeen exposed to contagious, infectious or communicable diseasesthat are likely to be transmitted to other animals or humanbeings or (b) of animals that are known to have been stolen;
(3) Where the licensee fails to practice measures ofsanitation and disinfection of premises or vehicles used by orfor him in the stabling, yarding, housing, holding ortransporting of animals as provided in this chapter;
(4) Where there has been failure to keep records as requiredby this chapter, or where there is a refusal on the part of thelicensee to produce records or transactions in the carrying on ofthe business for which the license is granted;
(5) Where licensee fails to execute and maintain asatisfactory bond, as required in this chapter or where thelicensee operates while insolvent or fails to timely pay forlivestock;
(6) Where the licensee refuses or fails to practice or putinto effect any rule or regulation promulgated by the stateveterinarian in regard to any and all matters relating to theenforcement of this chapter;
(7) Where the licensee acting alone or in concert with anythird party shall know or should know that such act violates anyprovision of the animal health laws of this state or of theUnited States, or any rules or regulations promulgated thereunderpertaining to the movement of livestock, or involving any methodor procedure for the control, treatment, or eradication of anylivestock disease.
2. The licensee may, when any order is made by the directorsuspending or revoking his license or imposing a civil penalty,apply for review of such order as provided by chapter 536, RSMo.
3. In any situation wherein there is reason to believe thata violation exists involving the sanitary or structural conditionof the market facility, the form in which records are maintained,or the procedures used in conducting sales, the licensee shall benotified thereof by certified letter and if corrective measuresare not undertaken within a reasonable time, the licensee shallbe summoned by the state veterinarian to appear at an informalhearing to discuss the violation. In the event that there is afailure to resolve the issues in question or a failure to appear,the director shall then proceed under subsection 1 of thissection. For any individual violation of this chapter deemed bythe director, after a public hearing, to warrant less than asuspension or revocation of license, the director may assess acivil penalty of not greater than one thousand dollars for eachsuch violation, such penalty to be assessable against thelicensee and also against any third party acting in concert orconspiring with the licensee. Any civil penalties assessed underthis subsection shall be deposited in the livestock sales andmarket fees fund.
(L. 1943 p. 310 § 5, A.L. 1957 p. 20, A.L. 1989 S.B. 300)
Suspension or revocation of license,grounds--hearing--review--violations of marketing laws, hearingprocedure, penalties.
277.050. 1. The director of the Missouri department ofagriculture or his designated representative, after a publichearing, held after at least ten days' notice of the date of suchhearing to the licensee together with a full copy of the chargesof the alleged violations may suspend or revoke any license whenhe has sufficient evidence of the existence of any of thefollowing violations, except that any suspension or revocationorder made by the director is subject to appeal as provided insubsection 2 of this section:
(1) Where there have been false or misleading statementswillfully or knowingly made by the licensee as to the health,origin or physical condition of any animal or animals offeredwith regard to official tests or numbers of animals, or thepractice of fraud or misrepresentation in connection therewith;
(2) Where licensee engages in buying or receiving animals orreceiving, selling, exchanging, soliciting or negotiating thesale, resale or exchange (a) of animals that are known or shouldby the use of reasonable care be known to be diseased or to havebeen exposed to contagious, infectious or communicable diseasesthat are likely to be transmitted to other animals or humanbeings or (b) of animals that are known to have been stolen;
(3) Where the licensee fails to practice measures ofsanitation and disinfection of premises or vehicles used by orfor him in the stabling, yarding, housing, holding ortransporting of animals as provided in this chapter;
(4) Where there has been failure to keep records as requiredby this chapter, or where there is a refusal on the part of thelicensee to produce records or transactions in the carrying on ofthe business for which the license is granted;
(5) Where licensee fails to execute and maintain asatisfactory bond, as required in this chapter or where thelicensee operates while insolvent or fails to timely pay forlivestock;
(6) Where the licensee refuses or fails to practice or putinto effect any rule or regulation promulgated by the stateveterinarian in regard to any and all matters relating to theenforcement of this chapter;
(7) Where the licensee acting alone or in concert with anythird party shall know or should know that such act violates anyprovision of the animal health laws of this state or of theUnited States, or any rules or regulations promulgated thereunderpertaining to the movement of livestock, or involving any methodor procedure for the control, treatment, or eradication of anylivestock disease.
2. The licensee may, when any order is made by the directorsuspending or revoking his license or imposing a civil penalty,apply for review of such order as provided by chapter 536, RSMo.
3. In any situation wherein there is reason to believe thata violation exists involving the sanitary or structural conditionof the market facility, the form in which records are maintained,or the procedures used in conducting sales, the licensee shall benotified thereof by certified letter and if corrective measuresare not undertaken within a reasonable time, the licensee shallbe summoned by the state veterinarian to appear at an informalhearing to discuss the violation. In the event that there is afailure to resolve the issues in question or a failure to appear,the director shall then proceed under subsection 1 of thissection. For any individual violation of this chapter deemed bythe director, after a public hearing, to warrant less than asuspension or revocation of license, the director may assess acivil penalty of not greater than one thousand dollars for eachsuch violation, such penalty to be assessable against thelicensee and also against any third party acting in concert orconspiring with the licensee. Any civil penalties assessed underthis subsection shall be deposited in the livestock sales andmarket fees fund.
(L. 1943 p. 310 § 5, A.L. 1957 p. 20, A.L. 1989 S.B. 300)
Suspension or revocation of license,grounds--hearing--review--violations of marketing laws, hearingprocedure, penalties.
277.050. 1. The director of the Missouri department ofagriculture or his designated representative, after a publichearing, held after at least ten days' notice of the date of suchhearing to the licensee together with a full copy of the chargesof the alleged violations may suspend or revoke any license whenhe has sufficient evidence of the existence of any of thefollowing violations, except that any suspension or revocationorder made by the director is subject to appeal as provided insubsection 2 of this section:
(1) Where there have been false or misleading statementswillfully or knowingly made by the licensee as to the health,origin or physical condition of any animal or animals offeredwith regard to official tests or numbers of animals, or thepractice of fraud or misrepresentation in connection therewith;
(2) Where licensee engages in buying or receiving animals orreceiving, selling, exchanging, soliciting or negotiating thesale, resale or exchange (a) of animals that are known or shouldby the use of reasonable care be known to be diseased or to havebeen exposed to contagious, infectious or communicable diseasesthat are likely to be transmitted to other animals or humanbeings or (b) of animals that are known to have been stolen;
(3) Where the licensee fails to practice measures ofsanitation and disinfection of premises or vehicles used by orfor him in the stabling, yarding, housing, holding ortransporting of animals as provided in this chapter;
(4) Where there has been failure to keep records as requiredby this chapter, or where there is a refusal on the part of thelicensee to produce records or transactions in the carrying on ofthe business for which the license is granted;
(5) Where licensee fails to execute and maintain asatisfactory bond, as required in this chapter or where thelicensee operates while insolvent or fails to timely pay forlivestock;
(6) Where the licensee refuses or fails to practice or putinto effect any rule or regulation promulgated by the stateveterinarian in regard to any and all matters relating to theenforcement of this chapter;
(7) Where the licensee acting alone or in concert with anythird party shall know or should know that such act violates anyprovision of the animal health laws of this state or of theUnited States, or any rules or regulations promulgated thereunderpertaining to the movement of livestock, or involving any methodor procedure for the control, treatment, or eradication of anylivestock disease.
2. The licensee may, when any order is made by the directorsuspending or revoking his license or imposing a civil penalty,apply for review of such order as provided by chapter 536, RSMo.
3. In any situation wherein there is reason to believe thata violation exists involving the sanitary or structural conditionof the market facility, the form in which records are maintained,or the procedures used in conducting sales, the licensee shall benotified thereof by certified letter and if corrective measuresare not undertaken within a reasonable time, the licensee shallbe summoned by the state veterinarian to appear at an informalhearing to discuss the violation. In the event that there is afailure to resolve the issues in question or a failure to appear,the director shall then proceed under subsection 1 of thissection. For any individual violation of this chapter deemed bythe director, after a public hearing, to warrant less than asuspension or revocation of license, the director may assess acivil penalty of not greater than one thousand dollars for eachsuch violation, such penalty to be assessable against thelicensee and also against any third party acting in concert orconspiring with the licensee. Any civil penalties assessed underthis subsection shall be deposited in the livestock sales andmarket fees fund.
(L. 1943 p. 310 § 5, A.L. 1957 p. 20, A.L. 1989 S.B. 300)
