Section 411.287

Title XXVI TRADE AND COMMERCE

Chapter 411

Effective - 01 Jan 2017, 2 histories, see footnote   

  411.287.  Director may monitor operations, when — fee for monitoring — director may order shipments of grain stopped, failure to obey order, penalty. — 1.  If a license is suspended, revoked or a shortage is known to exist and the director determines that there is danger of loss to depositors, the director or his authorized agents may enter the premises of the warehouseman, monitor the activities of the warehouseman and take any actions authorized by this chapter which are necessary to protect the interests of depositors of grain.  Additionally, when a shortage exists, the director or his designated representative may order, verbally or in writing, the warehouseman to cease shipping any grain until such shortage is corrected.  Should the warehouseman continue to ship grain after being advised of such order to cease shipping, such action of the warehouseman shall constitute a class D felony.  The director and his designated representative shall notify local law enforcement officials and request the immediate arrest of the warehouseman.

  2.  Whenever the director or his authorized agents monitor the operation of any warehouse, the warehouseman, upon a finding by a court of competent jurisdiction that the director had reasonable grounds to believe that this action was necessary to protect the depositors, may be assessed and shall pay a fee of one hundred dollars per person for each day or part thereof that the director or his authorized agents monitored the operations.

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(L. 1977 S.B. 75 § 10, A.L. 1986 H.B. 1578, A.L. 1997 H.B. 211, A.L. 2014 S.B. 491)

Effective 1-01-17