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Title XVII AGRICULTURE AND ANIMALS

Chapter 281

previous next Effective - 01 Jan 1990, see footnotebottom

  281.070.  Damage claims to be filed with director, when due — duties of director — failure to file, effect of — investigation or hearing, powers of director. — 1.  The director may investigate the use of any pesticide or claims of damages which result from the use of any pesticide.

  2.   Any person who claims to have been damaged as a result of a pesticide use and who requests an investigation of that damage by the director shall file with the director, on a form provided by the director, a written statement claiming that he has been damaged.  Damage statements shall be filed within thirty days after the date the damage is alleged to have occurred, unless a growing crop is alleged to have been damaged.  If a growing crop is alleged to have been damaged, the damage statement shall be filed at least two weeks prior to the time that twenty-five percent of that crop has been harvested.  The director shall, upon receipt of the statement, notify the person alleged to have caused the damage and the owner or lessee of the land, or other person who may be charged with the responsibility of the damages claimed, and furnish copies of any statements which may be requested.  The director shall inspect damages whenever possible and he shall make his inspection reports available to the person claiming damage and to the person who is alleged to have caused the damage.  Where damage is alleged to have occurred, the claimant shall permit the director, the licensee and his representatives, such as the bondsman or insurer, to observe, within reasonable hours, the lands or nontarget organism alleged to have been damaged.

  3.   The filing of or the failure to file need not be alleged in any complaint which might be filed in a court of law, and the failure to file a damage claim shall not be considered any bar to the maintenance of any criminal or civil action.  The failure to file such a report shall not be a violation of sections 281.010 to 281.115.  However, if the person failing to file such report is the only one injured from such use or application of a pesticide by others, the director may, when in the public interest, refuse to hold a hearing for the denial, suspension or revocation of a license or permit issued under sections 281.010 to 281.115 until such report is filed.

  4.   The director may in the conduct of any investigation or hearing authorized or held by him:

  (1)  Examine, or cause to be examined, under oath, any person;

  (2)  Examine, or cause to be examined, books and records of the sale or use of any pesticide directly related to the investigation;

  (3)  Hear such testimony and take such evidence as will assist 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 witnesses and the production of books and records directly related to the investigation.

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(L. 1974 S.B. 431 § 13, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384)

Effective 1-01-90


---- end of effective   01 Jan 1990 ----

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