Damage claims to be filed with director, when due--duties ofdirector--failure to file, effect of--investigation or hearing,powers of director.
281.070. 1. The director may investigate the use of anypesticide or claims of damages which result from the use of anypesticide.
2. Any person who claims to have been damaged as a result ofa pesticide use and who requests an investigation of that damageby the director shall file with the director, on a form providedby the director, a written statement claiming that he has beendamaged. Damage statements shall be filed within thirty daysafter the date the damage is alleged to have occurred, unless agrowing crop is alleged to have been damaged. If a growing cropis alleged to have been damaged, the damage statement shall befiled at least two weeks prior to the time that twenty-fivepercent of that crop has been harvested. The director shall,upon receipt of the statement, notify the person alleged to havecaused the damage and the owner or lessee of the land, or otherperson who may be charged with the responsibility of the damagesclaimed, and furnish copies of any statements which may berequested. The director shall inspect damages whenever possibleand he shall make his inspection reports available to the personclaiming damage and to the person who is alleged to have causedthe damage. Where damage is alleged to have occurred, theclaimant shall permit the director, the licensee and hisrepresentatives, such as the bondsman or insurer, to observe,within reasonable hours, the lands or nontarget organism allegedto have been damaged.
3. The filing of or the failure to file need not be allegedin any complaint which might be filed in a court of law, and thefailure to file a damage claim shall not be considered any bar tothe maintenance of any criminal or civil action. The failure tofile such a report shall not be a violation of sections 281.010to 281.115. However, if the person failing to file such reportis the only one injured from such use or application of apesticide by others, the director may, when in the publicinterest, refuse to hold a hearing for the denial, suspension orrevocation of a license or permit issued under sections 281.010to 281.115 until such report is filed.
4. The director may in the conduct of any investigation orhearing authorized or held by him:
(1) Examine, or cause to be examined, under oath, anyperson;
(2) Examine, or cause to be examined, books and records ofthe sale or use of any pesticide directly related to theinvestigation;
(3) Hear such testimony and take such evidence as willassist him in the discharge of his duties under this chapter;
(4) Administer or cause to be administered oath; and
(5) Issue subpoenas to require the attendance of witnessesand the production of books and records directly related to theinvestigation.
Damage claims to be filed with director, when due--duties ofdirector--failure to file, effect of--investigation or hearing,powers of director.
281.070. 1. The director may investigate the use of anypesticide or claims of damages which result from the use of anypesticide.
2. Any person who claims to have been damaged as a result ofa pesticide use and who requests an investigation of that damageby the director shall file with the director, on a form providedby the director, a written statement claiming that he has beendamaged. Damage statements shall be filed within thirty daysafter the date the damage is alleged to have occurred, unless agrowing crop is alleged to have been damaged. If a growing cropis alleged to have been damaged, the damage statement shall befiled at least two weeks prior to the time that twenty-fivepercent of that crop has been harvested. The director shall,upon receipt of the statement, notify the person alleged to havecaused the damage and the owner or lessee of the land, or otherperson who may be charged with the responsibility of the damagesclaimed, and furnish copies of any statements which may berequested. The director shall inspect damages whenever possibleand he shall make his inspection reports available to the personclaiming damage and to the person who is alleged to have causedthe damage. Where damage is alleged to have occurred, theclaimant shall permit the director, the licensee and hisrepresentatives, such as the bondsman or insurer, to observe,within reasonable hours, the lands or nontarget organism allegedto have been damaged.
3. The filing of or the failure to file need not be allegedin any complaint which might be filed in a court of law, and thefailure to file a damage claim shall not be considered any bar tothe maintenance of any criminal or civil action. The failure tofile such a report shall not be a violation of sections 281.010to 281.115. However, if the person failing to file such reportis the only one injured from such use or application of apesticide by others, the director may, when in the publicinterest, refuse to hold a hearing for the denial, suspension orrevocation of a license or permit issued under sections 281.010to 281.115 until such report is filed.
4. The director may in the conduct of any investigation orhearing authorized or held by him:
(1) Examine, or cause to be examined, under oath, anyperson;
(2) Examine, or cause to be examined, books and records ofthe sale or use of any pesticide directly related to theinvestigation;
(3) Hear such testimony and take such evidence as willassist him in the discharge of his duties under this chapter;
(4) Administer or cause to be administered oath; and
(5) Issue subpoenas to require the attendance of witnessesand the production of books and records directly related to theinvestigation.
Damage claims to be filed with director, when due--duties ofdirector--failure to file, effect of--investigation or hearing,powers of director.
281.070. 1. The director may investigate the use of anypesticide or claims of damages which result from the use of anypesticide.
2. Any person who claims to have been damaged as a result ofa pesticide use and who requests an investigation of that damageby the director shall file with the director, on a form providedby the director, a written statement claiming that he has beendamaged. Damage statements shall be filed within thirty daysafter the date the damage is alleged to have occurred, unless agrowing crop is alleged to have been damaged. If a growing cropis alleged to have been damaged, the damage statement shall befiled at least two weeks prior to the time that twenty-fivepercent of that crop has been harvested. The director shall,upon receipt of the statement, notify the person alleged to havecaused the damage and the owner or lessee of the land, or otherperson who may be charged with the responsibility of the damagesclaimed, and furnish copies of any statements which may berequested. The director shall inspect damages whenever possibleand he shall make his inspection reports available to the personclaiming damage and to the person who is alleged to have causedthe damage. Where damage is alleged to have occurred, theclaimant shall permit the director, the licensee and hisrepresentatives, such as the bondsman or insurer, to observe,within reasonable hours, the lands or nontarget organism allegedto have been damaged.
3. The filing of or the failure to file need not be allegedin any complaint which might be filed in a court of law, and thefailure to file a damage claim shall not be considered any bar tothe maintenance of any criminal or civil action. The failure tofile such a report shall not be a violation of sections 281.010to 281.115. However, if the person failing to file such reportis the only one injured from such use or application of apesticide by others, the director may, when in the publicinterest, refuse to hold a hearing for the denial, suspension orrevocation of a license or permit issued under sections 281.010to 281.115 until such report is filed.
4. The director may in the conduct of any investigation orhearing authorized or held by him:
(1) Examine, or cause to be examined, under oath, anyperson;
(2) Examine, or cause to be examined, books and records ofthe sale or use of any pesticide directly related to theinvestigation;
(3) Hear such testimony and take such evidence as willassist him in the discharge of his duties under this chapter;
(4) Administer or cause to be administered oath; and
(5) Issue subpoenas to require the attendance of witnessesand the production of books and records directly related to theinvestigation.
