Requirements for license--minimum storage capacity--scalesrequired--denial of license, notice, hearing--contents oflicense--posting of license, duplicate license issuedwhen--notice of suspension, cancellation, revocation or refusalto issue--removal of license, effect of.
411.283. 1. Upon receiving an original application, the director maymake an examination of the warehouse covered by the application. Thedirector shall issue a license to operate a public grain warehouse if hedetermines that:
(1) The application is sufficient;
(2) The warehouse facility is suitable for the proper storage ofgrain. The director shall determine the suitability of the warehouse forthe storage of grain based upon the type, location, construction, layoutand facilities of each warehouse. The warehouse facility shall have atleast ten thousand bushel storage capacity. An adequate scale for weighinggrain must be available for the warehouseman's use on site or within areasonable distance of the warehouse facility, not to exceed five miles.The director's findings shall include, but not be limited to, thefollowing:
(a) The storage facilities are weathertight so as to protect thegrain from the elements at all times;
(b) The facilities and the practices with respect to those facilitiesare such as to maintain and preserve the quantity and quality of the grain;
(c) Safe and adequate means of ingress and egress to the variousstorage units of the warehouse are provided and maintained by thewarehouseman;
(3) The applicant is capable of performing the service proposed;
(4) The applicant is willing and able to comply with the provisionsof this chapter and regulations promulgated hereunder;
(5) The applicant, or, if the applicant is a corporation orpartnership, any officer, majority shareholder, board member or partner hasnot been involved in illegal or improper manipulation of grain inventorieswhich involved or resulted in losses to grain depositors within theseven-year period of time immediately preceding the date the directorreceived the application;
(6) The applicant has sufficient financial resources to adequatelyprotect depositors; except that, if the director finds that the applicant,management personnel, a principal officer or partner has a bad businessreputation, the director may deny the application. If the director is notsatisfied with the applicant's qualifications as stated in this section,the application may be denied. If the application is denied, notice shallbe mailed to the applicant setting forth the reasons for the denial of thelicense. Within fifteen days of receipt of a notice of denial for license,the applicant may file a written application with the director for ahearing on the denial. The hearing shall be carried out in accordance withthe provisions of this chapter and regulations promulgated hereunder.
2. Every license shall be dated and shall expire on the last day ofthe fifth month after the close of the warehouse's fiscal year, except thatthe initial licensing period after April 22, 1986, shall be for at leastsix months but not longer than eighteen, and shall designate the name ofthe licensee and the location of the warehouse. No fees shall be prorated.
3. Every license shall be, at all times during the operation of thelicensed warehouse, posted in a conspicuous place in the office room of thewarehouse. Upon proof, satisfactory to the director, that a public grainwarehouse license issued under this chapter has been destroyed or lost, thedirector may issue to the warehouse a duplicate license, with "DUPLICATE"clearly printed on its face. The fee for such duplicate license is tendollars.
4. If the holder of any public warehouseman's license is convicted ofany violation of this chapter, or if the director determines that anyholder has violated any of the provisions of this chapter, or any of therules and regulations adopted by the director under the provisions of thischapter, the director may at his discretion modify, suspend, cancel, revokeor refuse to renew the license of the holder.
5. Whenever the director shall modify, suspend, cancel, revoke orrefuse to issue any license he shall prepare an order so providing whichshall be signed by the director or some person designated by him, and theorder shall state the reason or reasons for the modification, suspension,cancellation, revocation or refusal to issue the license. The order shallbe sent by certified mail to the licensee or applicant at the address ofthe warehouse licensed or applying for a license. Within thirty days afterthe mailing of the order, the licensee, if aggrieved by the order of thedirector, may appeal as provided in chapter 536, RSMo. At the time of thefiling of the appeal, the party appealing shall give a bond for costsconditioned on his prosecuting the appeal without delay and paying allcosts assessed against him. In addition, the licensee shall post a bondwhich shall remain in effect pending final disposition of all appeals,including review by the Missouri court of appeals or Missouri supremecourt, or federal review, in an amount sufficient to cover all grainstorage and grain-related obligations of the licensee as identified by thedirector. The posting of such bond is jurisdictional to the circuitcourt's authority to entertain the appeal.
6. Notwithstanding any other provision of this chapter, if, uponexamination, it is determined that a licensed warehouseman has violated oris violating any of the provisions of this chapter, and the director hasreasonable cause to believe that the nature of the violation is such thatthere exists an immediate danger of substantial loss, the director mayauthorize and cause any employee charged with the enforcement of thischapter to remove the warehouseman's license to operate a public grainwarehouse from the premises of the warehouse. Any license so removed shallbe returned to the director. The removal of the license from the premisesshall constitute a temporary suspension of the license. The director shallgrant a hearing, to be held in accordance with the provisions of thischapter and regulations promulgated hereunder, as soon thereafter as ispossible, but not later than ten days after the temporary suspensionimposed by removal of the warehouseman's license.
Requirements for license--minimum storage capacity--scalesrequired--denial of license, notice, hearing--contents oflicense--posting of license, duplicate license issuedwhen--notice of suspension, cancellation, revocation or refusalto issue--removal of license, effect of.
411.283. 1. Upon receiving an original application, the director maymake an examination of the warehouse covered by the application. Thedirector shall issue a license to operate a public grain warehouse if hedetermines that:
(1) The application is sufficient;
(2) The warehouse facility is suitable for the proper storage ofgrain. The director shall determine the suitability of the warehouse forthe storage of grain based upon the type, location, construction, layoutand facilities of each warehouse. The warehouse facility shall have atleast ten thousand bushel storage capacity. An adequate scale for weighinggrain must be available for the warehouseman's use on site or within areasonable distance of the warehouse facility, not to exceed five miles.The director's findings shall include, but not be limited to, thefollowing:
(a) The storage facilities are weathertight so as to protect thegrain from the elements at all times;
(b) The facilities and the practices with respect to those facilitiesare such as to maintain and preserve the quantity and quality of the grain;
(c) Safe and adequate means of ingress and egress to the variousstorage units of the warehouse are provided and maintained by thewarehouseman;
(3) The applicant is capable of performing the service proposed;
(4) The applicant is willing and able to comply with the provisionsof this chapter and regulations promulgated hereunder;
(5) The applicant, or, if the applicant is a corporation orpartnership, any officer, majority shareholder, board member or partner hasnot been involved in illegal or improper manipulation of grain inventorieswhich involved or resulted in losses to grain depositors within theseven-year period of time immediately preceding the date the directorreceived the application;
(6) The applicant has sufficient financial resources to adequatelyprotect depositors; except that, if the director finds that the applicant,management personnel, a principal officer or partner has a bad businessreputation, the director may deny the application. If the director is notsatisfied with the applicant's qualifications as stated in this section,the application may be denied. If the application is denied, notice shallbe mailed to the applicant setting forth the reasons for the denial of thelicense. Within fifteen days of receipt of a notice of denial for license,the applicant may file a written application with the director for ahearing on the denial. The hearing shall be carried out in accordance withthe provisions of this chapter and regulations promulgated hereunder.
2. Every license shall be dated and shall expire on the last day ofthe fifth month after the close of the warehouse's fiscal year, except thatthe initial licensing period after April 22, 1986, shall be for at leastsix months but not longer than eighteen, and shall designate the name ofthe licensee and the location of the warehouse. No fees shall be prorated.
3. Every license shall be, at all times during the operation of thelicensed warehouse, posted in a conspicuous place in the office room of thewarehouse. Upon proof, satisfactory to the director, that a public grainwarehouse license issued under this chapter has been destroyed or lost, thedirector may issue to the warehouse a duplicate license, with "DUPLICATE"clearly printed on its face. The fee for such duplicate license is tendollars.
4. If the holder of any public warehouseman's license is convicted ofany violation of this chapter, or if the director determines that anyholder has violated any of the provisions of this chapter, or any of therules and regulations adopted by the director under the provisions of thischapter, the director may at his discretion modify, suspend, cancel, revokeor refuse to renew the license of the holder.
5. Whenever the director shall modify, suspend, cancel, revoke orrefuse to issue any license he shall prepare an order so providing whichshall be signed by the director or some person designated by him, and theorder shall state the reason or reasons for the modification, suspension,cancellation, revocation or refusal to issue the license. The order shallbe sent by certified mail to the licensee or applicant at the address ofthe warehouse licensed or applying for a license. Within thirty days afterthe mailing of the order, the licensee, if aggrieved by the order of thedirector, may appeal as provided in chapter 536, RSMo. At the time of thefiling of the appeal, the party appealing shall give a bond for costsconditioned on his prosecuting the appeal without delay and paying allcosts assessed against him. In addition, the licensee shall post a bondwhich shall remain in effect pending final disposition of all appeals,including review by the Missouri court of appeals or Missouri supremecourt, or federal review, in an amount sufficient to cover all grainstorage and grain-related obligations of the licensee as identified by thedirector. The posting of such bond is jurisdictional to the circuitcourt's authority to entertain the appeal.
6. Notwithstanding any other provision of this chapter, if, uponexamination, it is determined that a licensed warehouseman has violated oris violating any of the provisions of this chapter, and the director hasreasonable cause to believe that the nature of the violation is such thatthere exists an immediate danger of substantial loss, the director mayauthorize and cause any employee charged with the enforcement of thischapter to remove the warehouseman's license to operate a public grainwarehouse from the premises of the warehouse. Any license so removed shallbe returned to the director. The removal of the license from the premisesshall constitute a temporary suspension of the license. The director shallgrant a hearing, to be held in accordance with the provisions of thischapter and regulations promulgated hereunder, as soon thereafter as ispossible, but not later than ten days after the temporary suspensionimposed by removal of the warehouseman's license.
Requirements for license--minimum storage capacity--scalesrequired--denial of license, notice, hearing--contents oflicense--posting of license, duplicate license issuedwhen--notice of suspension, cancellation, revocation or refusalto issue--removal of license, effect of.
411.283. 1. Upon receiving an original application, the director maymake an examination of the warehouse covered by the application. Thedirector shall issue a license to operate a public grain warehouse if hedetermines that:
(1) The application is sufficient;
(2) The warehouse facility is suitable for the proper storage ofgrain. The director shall determine the suitability of the warehouse forthe storage of grain based upon the type, location, construction, layoutand facilities of each warehouse. The warehouse facility shall have atleast ten thousand bushel storage capacity. An adequate scale for weighinggrain must be available for the warehouseman's use on site or within areasonable distance of the warehouse facility, not to exceed five miles.The director's findings shall include, but not be limited to, thefollowing:
(a) The storage facilities are weathertight so as to protect thegrain from the elements at all times;
(b) The facilities and the practices with respect to those facilitiesare such as to maintain and preserve the quantity and quality of the grain;
(c) Safe and adequate means of ingress and egress to the variousstorage units of the warehouse are provided and maintained by thewarehouseman;
(3) The applicant is capable of performing the service proposed;
(4) The applicant is willing and able to comply with the provisionsof this chapter and regulations promulgated hereunder;
(5) The applicant, or, if the applicant is a corporation orpartnership, any officer, majority shareholder, board member or partner hasnot been involved in illegal or improper manipulation of grain inventorieswhich involved or resulted in losses to grain depositors within theseven-year period of time immediately preceding the date the directorreceived the application;
(6) The applicant has sufficient financial resources to adequatelyprotect depositors; except that, if the director finds that the applicant,management personnel, a principal officer or partner has a bad businessreputation, the director may deny the application. If the director is notsatisfied with the applicant's qualifications as stated in this section,the application may be denied. If the application is denied, notice shallbe mailed to the applicant setting forth the reasons for the denial of thelicense. Within fifteen days of receipt of a notice of denial for license,the applicant may file a written application with the director for ahearing on the denial. The hearing shall be carried out in accordance withthe provisions of this chapter and regulations promulgated hereunder.
2. Every license shall be dated and shall expire on the last day ofthe fifth month after the close of the warehouse's fiscal year, except thatthe initial licensing period after April 22, 1986, shall be for at leastsix months but not longer than eighteen, and shall designate the name ofthe licensee and the location of the warehouse. No fees shall be prorated.
3. Every license shall be, at all times during the operation of thelicensed warehouse, posted in a conspicuous place in the office room of thewarehouse. Upon proof, satisfactory to the director, that a public grainwarehouse license issued under this chapter has been destroyed or lost, thedirector may issue to the warehouse a duplicate license, with "DUPLICATE"clearly printed on its face. The fee for such duplicate license is tendollars.
4. If the holder of any public warehouseman's license is convicted ofany violation of this chapter, or if the director determines that anyholder has violated any of the provisions of this chapter, or any of therules and regulations adopted by the director under the provisions of thischapter, the director may at his discretion modify, suspend, cancel, revokeor refuse to renew the license of the holder.
5. Whenever the director shall modify, suspend, cancel, revoke orrefuse to issue any license he shall prepare an order so providing whichshall be signed by the director or some person designated by him, and theorder shall state the reason or reasons for the modification, suspension,cancellation, revocation or refusal to issue the license. The order shallbe sent by certified mail to the licensee or applicant at the address ofthe warehouse licensed or applying for a license. Within thirty days afterthe mailing of the order, the licensee, if aggrieved by the order of thedirector, may appeal as provided in chapter 536, RSMo. At the time of thefiling of the appeal, the party appealing shall give a bond for costsconditioned on his prosecuting the appeal without delay and paying allcosts assessed against him. In addition, the licensee shall post a bondwhich shall remain in effect pending final disposition of all appeals,including review by the Missouri court of appeals or Missouri supremecourt, or federal review, in an amount sufficient to cover all grainstorage and grain-related obligations of the licensee as identified by thedirector. The posting of such bond is jurisdictional to the circuitcourt's authority to entertain the appeal.
6. Notwithstanding any other provision of this chapter, if, uponexamination, it is determined that a licensed warehouseman has violated oris violating any of the provisions of this chapter, and the director hasreasonable cause to believe that the nature of the violation is such thatthere exists an immediate danger of substantial loss, the director mayauthorize and cause any employee charged with the enforcement of thischapter to remove the warehouseman's license to operate a public grainwarehouse from the premises of the warehouse. Any license so removed shallbe returned to the director. The removal of the license from the premisesshall constitute a temporary suspension of the license. The director shallgrant a hearing, to be held in accordance with the provisions of thischapter and regulations promulgated hereunder, as soon thereafter as ispossible, but not later than ten days after the temporary suspensionimposed by removal of the warehouseman's license.
