State Codes and Statutes
Statutes > Missouri > T21 > C319 > 319_333Notice of violation, procedure.
319.333. Any individual or person using explosives who the state firemarshal or his or her representative determines, upon substantial evidence,to be in violation of sections 319.300 to 319.345 may be issued a notice ofviolation by the division of fire safety. Any hearings regardingsuspension or revocation of a blaster's license shall be conducted underthe provisions of subsection 10 of section 319.306, rather than theprovisions of this section. Any notice of violation of any provision ofsections 319.300 to 319.345 shall be in writing and shall state the sectionor sections violated and the circumstance of the violation, including date,place, person involved, and the act or omission constituting the violation.The notice shall also inform the person receiving the notice of the rightto request a hearing before the state blasting safety board for anyviolation, except for the violation of failure to hold a blasting licenseas required by section 319.306 for which no appeal may be made. Therecipient may request a hearing within forty-five days of the date thenotice was received. If a hearing is requested, the state fire marshalshall immediately inform the chairman of the board. The person receivingthe notice, the state fire marshal, and the chairman of the board shallestablish a mutually acceptable date and place for the hearing, which in nocase shall be more than thirty days after the hearing was requested. Thehearing shall be conducted as an uncontested case, although the person orthe state fire marshal may be represented by an attorney. Within fifteendays of such hearing, the board shall notify the person of its decision onthe appeal, which may include upholding, modifying, or disapproving thenotice of violation. The board's action upon the appeal shall be decidedby majority vote. If the notice of violation is upheld by the board, inwhole or part, upon a separate majority vote of the board, the person maybe referred for enforcement action as provided in section 319.327.
(L. 2007 H.B. 298)
