276.486. Injunctive relief may be sought — who to prosecute — director may conduct investigations and hearings — attendance of witnesses.

353 words·~2 min read·/mo/chapter-276/276-486

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

276.486. Injunctive relief may be sought — who to prosecute — director may conduct investigations and hearings — attendance of witnesses. — 1. The director may apply for a restraining order or a temporary or permanent injunction against the operation of a dealer which is in violation of sections 276.401 to 276.582 or regulations promulgated hereunder or in order to enforce sections 276.401 to 276.582 or such regulations, notwithstanding the existence of other remedies at law. The restraining order or injunction may be prosecuted by the attorney general or the prosecuting attorney of the proper county upon request of the director.

2. The director may apply for a restraining order or a temporary or permanent injunction enjoining a grain dealer from disposing of any grain owned, in whole or in part, or held or in his possession whether owned in whole or in part, or enjoining anyone from removing any grain in which the grain dealer or claimants from which he has purchased grain have an interest. The restraining order or injunction may be prosecuted by the attorney general or the prosecuting attorney of the proper county upon request of the director.

3. The director shall have power in the conduct of any investigation or hearing authorized or held by him to:

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

(2)Examine, or cause to be examined, books and records of any dealer or warehouseman;

(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 oaths;

(5)Issue subpoenas to require the attendance of witnesses and the production of books; and

(6)Serve, or cause to be served, any subpoena, petition, or order required for the administration of this chapter.

4. Any circuit court may, by order duly entered, require the attendance of witnesses and the production of relevant books and records subpoenaed by the director, and the court may compel obedience to its order by proceedings for contempt.

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(L. 1980 H.B. 1627 § 18, A.L. 1997 H.B. 211)

Effective 4-02-97