Missouri Laws 411.775 – Attorney general and prosecutors may prosecute upon complaint
Terms Used In Missouri Laws 411.775
- Director: the director of the Missouri department of agriculture or his designated representative. See Missouri Laws 411.026
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Violation: any act contrary to the provisions of this chapter or any failure by a person to act as required by the provisions of this chapter or regulations promulgated hereunder. See Missouri Laws 411.026
- warehouseman: any person who owns, controls, operates or manages any warehouse whether such owner resides within the state or not. See Missouri Laws 411.026
It shall be the duty of the attorney general or each prosecuting attorney to whom any violation of chapter 411 is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before a violation is reported for prosecution, the director may give the warehouseman an opportunity to present his views at an informal hearing. In the event the director determines that a prosecutor to whom a violation has been reported has failed to institute appropriate proceedings, he may make a written report of the failure to institute proceedings to the attorney general. The attorney general shall investigate the circumstances which resulted in the report. If the attorney general determines that additional proceedings are appropriate, he may cause such proceedings to be instituted. When the attorney general causes such a proceeding to be instituted, he shall have all the powers and rights of the office of the prosecuting attorney to whom the violation was originally reported. Such powers and rights are restricted to the prosecution of the specific case reported.