Effective 02 Apr 1997, see footnote

411.283. Requirements for license — minimum storage capacity — scales required — denial of license, notice, hearing — contents of license — posting of license, duplicate license issued when — notice of suspension, cancellation, revocation or refusal to issue — removal of license, effect of. — 1. Upon receiving an original application, the director may make an examination of the warehouse covered by the application. The director shall issue a license to operate a public grain warehouse if he determines that:

(1) The application is sufficient;

(2) The warehouse facility is suitable for the proper storage of grain. The director shall determine the suitability of the warehouse for the storage of grain based upon the type, location, construction, layout and facilities of each warehouse. The warehouse facility shall have at least ten thousand bushel storage capacity. An adequate scale for weighing grain must be available for the warehouseman's use on site or within a reasonable distance of the warehouse facility, not to exceed five miles. The director's findings shall include, but not be limited to, the following:

(a) The storage facilities are weathertight so as to protect the grain from the elements at all times;

(b) The facilities and the practices with respect to those facilities are such as to maintain and preserve the quantity and quality of the grain;

(c) Safe and adequate means of ingress and egress to the various storage units of the warehouse are provided and maintained by the warehouseman;

(3) The applicant is capable of performing the service proposed;

(4) The applicant is willing and able to comply with the provisions of this chapter and regulations promulgated hereunder;

(5) The applicant, or, if the applicant is a corporation or partnership, any officer, majority shareholder, board member or partner has not been involved in illegal or improper manipulation of grain inventories which involved or resulted in losses to grain depositors within the seven-year period of time immediately preceding the date the director received the application;

(6) The applicant has sufficient financial resources to adequately protect depositors; except that, if the director finds that the applicant, management personnel, a principal officer or partner has a bad business reputation, the director may deny the application. If the director is not satisfied with the applicant's qualifications as stated in this section, the application may be denied. If the application is denied, notice shall be mailed to the applicant setting forth the reasons for the denial of the license. Within fifteen days of receipt of a notice of denial for license, the applicant may file a written application with the director for a hearing on the denial. The hearing shall be carried out in accordance with the provisions of this chapter and regulations promulgated hereunder.

2. Every license shall be dated and shall expire on the last day of the fifth month after the close of the warehouse's fiscal year, except that the initial licensing period after April 22, 1986, shall be for at least six months but not longer than eighteen, and shall designate the name of the licensee and the location of the warehouse. No fees shall be prorated.

3. Every license shall be, at all times during the operation of the licensed warehouse, posted in a conspicuous place in the office room of the warehouse. Upon proof, satisfactory to the director, that a public grain warehouse license issued under this chapter has been destroyed or lost, the director may issue to the warehouse a duplicate license, with "DUPLICATE" clearly printed on its face. The fee for such duplicate license is ten dollars.

4. If the holder of any public warehouseman's license is convicted of any violation of this chapter, or if the director determines that any holder has violated any of the provisions of this chapter, or any of the rules and regulations adopted by the director under the provisions of this chapter, the director may at his discretion modify, suspend, cancel, revoke or refuse to renew the license of the holder.

5. Whenever the director shall modify, suspend, cancel, revoke or refuse to issue any license he shall prepare an order so providing which shall be signed by the director or some person designated by him, and the order shall state the reason or reasons for the modification, suspension, cancellation, revocation or refusal to issue the license. The order shall be sent by certified mail to the licensee or applicant at the address of the warehouse licensed or applying for a license. Within thirty days after the mailing of the order, the licensee, if aggrieved by the order of the director, may appeal as provided in chapter 536. At the time of the filing of the appeal, the party appealing shall give a bond for costs conditioned on his prosecuting the appeal without delay and paying all costs assessed against him. In addition, the licensee shall post a bond which shall remain in effect pending final disposition of all appeals, including review by the Missouri court of appeals or Missouri supreme court, or federal review, in an amount sufficient to cover all grain storage and grain-related obligations of the licensee as identified by the director. The posting of such bond is jurisdictional to the circuit court's authority to entertain the appeal.

6. Notwithstanding any other provision of this chapter, if, upon examination, it is determined that a licensed warehouseman has violated or is violating any of the provisions of this chapter, and the director has reasonable cause to believe that the nature of the violation is such that there exists an immediate danger of substantial loss, the director may authorize and cause any employee charged with the enforcement of this chapter to remove the warehouseman's license to operate a public grain warehouse from the premises of the warehouse. Any license so removed shall be returned to the director. The removal of the license from the premises shall constitute a temporary suspension of the license. The director shall grant a hearing, to be held in accordance with the provisions of this chapter and regulations promulgated hereunder, as soon thereafter as is possible, but not later than ten days after the temporary suspension imposed by removal of the warehouseman's license.

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(L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1986 H.B. 1578, A.L. 1997 H.B. 211)

Effective 4-02-97