Missouri Laws 281.070 – Damage claims to be filed with director, when due — duties of director — ..
1. The director may investigate the use of any pesticide or claims of damages that 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 the person 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 the director shall make the director’s 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 the licensee’s representatives, such as the bondsman or insurer, to observe, within reasonable hours, the lands or nontarget organism alleged to have been damaged.
Terms Used In Missouri Laws 281.070
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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 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 the director:
(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 the director in the discharge of the director’s duties under sections 281.010 to 281.115;
(4) Administer or cause to be administered oaths; and
(5) Issue subpoenas to require the attendance of witnesses and the production of books and records directly related to the investigation.