Right of examination, audit and inspection--confidential information,penalty for disclosure--subpoena powers of director--director toinvestigate complaints, when.
411.180. 1. The director or his authorized representative mayexamine, audit and inspect every licensed grain warehouse, or persons whomthe director has reasonable cause to believe should be licensed under thischapter, the business thereof, and the mode of conducting the same at suchtimes as he may deem necessary; and the property, books, records, accounts,papers, and the proceedings pertaining to the operations of thesewarehouses, so far as they may relate to the operation or management ofpublic storage, and to the ability of the warehouseman to meet his grainand dollar obligations shall be subject to examination and inspection bythe director, or his authorized agent. Such books, accounts, records andpapers of every grain warehouseman shall at all times during normalbusiness hours be subject to inspection as prescribed by the director.
2. The director may perform such inspections as are deemed necessaryfor the orderly administration of this chapter based upon reports and otherinformation available to him.
3. Every grain warehouseman and his employees, agents, officers,partners, directors and shareholders shall cooperate and hold themselvesavailable to assist in the examination, including allowing full andreasonable use of sampling and grading equipment. Failure or refusal tocooperate or assist is a violation of this chapter and a basis for thesuspension of a public grain warehouseman's license.
4. No inspector or employee of the department shall disclose anyinformation obtained by him in the course of his employment relative to theaffairs or transactions of any warehouseman, other than as permitted bythis chapter, without first having obtained the express permission inwriting of such warehouseman, or of the director; provided, that thedirector may, upon written application of any person, disclose or directany inspector or employee of the department to disclose any informationwhich, in the opinion of the director, the person applying for the same isentitled to receive. If any such inspector or employee shall disclose anysuch information except as permitted by this chapter, he is guilty of amisdemeanor. This section shall not prevent the taking of sworn testimonyat a public hearing with respect to violations of this chapter orregulations promulgated hereunder.
5. The director is hereby authorized to issue subpoena duces tecum toany financial institution, or to any other type of business entity, todeliver any and all records of the licensee, or any and all records keptpertaining to the licensee, or of any person who in the opinion of thedirector may need to be licensed. Such financial institutions, or otherbusiness entities, are hereby authorized and required to deliver any andall such records to the director notwithstanding any law to the contrary.This section applies to persons or individual accounts or transactions aswell as to corporate records where the licensee, or person who in theopinion of the director needs to be licensed, is conducting business incorporate form.
6. The director shall, upon the verified complaint in writing of anyperson setting forth facts which, if proved, would be in violation of theprovisions of chapter 411, or regulations promulgated hereunder orwould constitute grounds for refusal, suspension or revocation of a licenseunder this chapter, investigate the actions of any person applying for,holding or claiming to hold a license; provided that the director is notrequired to investigate any complaint which does not appear to have areasonable basis.
Right of examination, audit and inspection--confidential information,penalty for disclosure--subpoena powers of director--director toinvestigate complaints, when.
411.180. 1. The director or his authorized representative mayexamine, audit and inspect every licensed grain warehouse, or persons whomthe director has reasonable cause to believe should be licensed under thischapter, the business thereof, and the mode of conducting the same at suchtimes as he may deem necessary; and the property, books, records, accounts,papers, and the proceedings pertaining to the operations of thesewarehouses, so far as they may relate to the operation or management ofpublic storage, and to the ability of the warehouseman to meet his grainand dollar obligations shall be subject to examination and inspection bythe director, or his authorized agent. Such books, accounts, records andpapers of every grain warehouseman shall at all times during normalbusiness hours be subject to inspection as prescribed by the director.
2. The director may perform such inspections as are deemed necessaryfor the orderly administration of this chapter based upon reports and otherinformation available to him.
3. Every grain warehouseman and his employees, agents, officers,partners, directors and shareholders shall cooperate and hold themselvesavailable to assist in the examination, including allowing full andreasonable use of sampling and grading equipment. Failure or refusal tocooperate or assist is a violation of this chapter and a basis for thesuspension of a public grain warehouseman's license.
4. No inspector or employee of the department shall disclose anyinformation obtained by him in the course of his employment relative to theaffairs or transactions of any warehouseman, other than as permitted bythis chapter, without first having obtained the express permission inwriting of such warehouseman, or of the director; provided, that thedirector may, upon written application of any person, disclose or directany inspector or employee of the department to disclose any informationwhich, in the opinion of the director, the person applying for the same isentitled to receive. If any such inspector or employee shall disclose anysuch information except as permitted by this chapter, he is guilty of amisdemeanor. This section shall not prevent the taking of sworn testimonyat a public hearing with respect to violations of this chapter orregulations promulgated hereunder.
5. The director is hereby authorized to issue subpoena duces tecum toany financial institution, or to any other type of business entity, todeliver any and all records of the licensee, or any and all records keptpertaining to the licensee, or of any person who in the opinion of thedirector may need to be licensed. Such financial institutions, or otherbusiness entities, are hereby authorized and required to deliver any andall such records to the director notwithstanding any law to the contrary.This section applies to persons or individual accounts or transactions aswell as to corporate records where the licensee, or person who in theopinion of the director needs to be licensed, is conducting business incorporate form.
6. The director shall, upon the verified complaint in writing of anyperson setting forth facts which, if proved, would be in violation of theprovisions of chapter 411, or regulations promulgated hereunder orwould constitute grounds for refusal, suspension or revocation of a licenseunder this chapter, investigate the actions of any person applying for,holding or claiming to hold a license; provided that the director is notrequired to investigate any complaint which does not appear to have areasonable basis.
Right of examination, audit and inspection--confidential information,penalty for disclosure--subpoena powers of director--director toinvestigate complaints, when.
411.180. 1. The director or his authorized representative mayexamine, audit and inspect every licensed grain warehouse, or persons whomthe director has reasonable cause to believe should be licensed under thischapter, the business thereof, and the mode of conducting the same at suchtimes as he may deem necessary; and the property, books, records, accounts,papers, and the proceedings pertaining to the operations of thesewarehouses, so far as they may relate to the operation or management ofpublic storage, and to the ability of the warehouseman to meet his grainand dollar obligations shall be subject to examination and inspection bythe director, or his authorized agent. Such books, accounts, records andpapers of every grain warehouseman shall at all times during normalbusiness hours be subject to inspection as prescribed by the director.
2. The director may perform such inspections as are deemed necessaryfor the orderly administration of this chapter based upon reports and otherinformation available to him.
3. Every grain warehouseman and his employees, agents, officers,partners, directors and shareholders shall cooperate and hold themselvesavailable to assist in the examination, including allowing full andreasonable use of sampling and grading equipment. Failure or refusal tocooperate or assist is a violation of this chapter and a basis for thesuspension of a public grain warehouseman's license.
4. No inspector or employee of the department shall disclose anyinformation obtained by him in the course of his employment relative to theaffairs or transactions of any warehouseman, other than as permitted bythis chapter, without first having obtained the express permission inwriting of such warehouseman, or of the director; provided, that thedirector may, upon written application of any person, disclose or directany inspector or employee of the department to disclose any informationwhich, in the opinion of the director, the person applying for the same isentitled to receive. If any such inspector or employee shall disclose anysuch information except as permitted by this chapter, he is guilty of amisdemeanor. This section shall not prevent the taking of sworn testimonyat a public hearing with respect to violations of this chapter orregulations promulgated hereunder.
5. The director is hereby authorized to issue subpoena duces tecum toany financial institution, or to any other type of business entity, todeliver any and all records of the licensee, or any and all records keptpertaining to the licensee, or of any person who in the opinion of thedirector may need to be licensed. Such financial institutions, or otherbusiness entities, are hereby authorized and required to deliver any andall such records to the director notwithstanding any law to the contrary.This section applies to persons or individual accounts or transactions aswell as to corporate records where the licensee, or person who in theopinion of the director needs to be licensed, is conducting business incorporate form.
6. The director shall, upon the verified complaint in writing of anyperson setting forth facts which, if proved, would be in violation of theprovisions of chapter 411, or regulations promulgated hereunder orwould constitute grounds for refusal, suspension or revocation of a licenseunder this chapter, investigate the actions of any person applying for,holding or claiming to hold a license; provided that the director is notrequired to investigate any complaint which does not appear to have areasonable basis.
