Missouri Laws 269.110 – Director may suspend, revoke permits, notice, hearing, procedure — ..
1. The director shall have power to suspend, revoke or otherwise restrict or discipline a permittee under this chapter, in the event such permittee shall violate and fail or refuse to obey any of the provisions of this chapter; or in the event any permittee has been finally convicted of, found guilty of, or entered a guilty plea or nolo contendere to violating the laws of this state or the United States which in any manner affects* his conduct of said business whether or not sentence is imposed; provided, however, that before any permit shall be suspended, revoked, or otherwise restricted or disciplined, the permittee shall be furnished with a written copy of the charges made against him and a hearing shall be had before the director according to the provisions set forth in chapter 536. At the hearing, such person and the state shall have the opportunity to present in person or by counsel such statements, testimony, evidence, and argument as may be pertinent to the charges or to any defense. The director may subpoena any persons or documents incident to the hearing, the director may take testimony orally, by deposition, or by exhibit, in the same and with the same fees and mileage as prescribed in judicial proceedings in civil cases. The director may also administer oaths to those giving evidence. Following the hearing the director may either suspend, revoke, or otherwise restrict or discipline any permit or certificate issued under this chapter.
2. Any person aggrieved by a decision of the director after the hearing prescribed in subsection 1 of this section may seek review of the decision by appeal de novo in the circuit court of the county of residence of the aggrieved.
Terms Used In Missouri Laws 269.110
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Director: the director of the department of agriculture or his designated representative. See Missouri Laws 269.010
- 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.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: includes all persons, firms, copartnerships, associations, joint ventures and corporations, of all kinds and places of residence, or any other group or combination acting in concert. See Missouri Laws 269.010
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- United States: includes such district and territories. See Missouri Laws 1.020