Title 69 — WAREHOUSES

69-501. Short title. This chapter shall be known as the "Commodity Dealer Law."

69-502. Definitions. As used in this chapter, except as otherwise specified: (1) "Agricultural commodity" means any grain, wheat, barley, oats, corn, rye, oilseeds, dry edible beans, peas, lentils and other leguminous seeds and feeds (not including minerals or seed crops) or any …

69-503. License requirements — Financial responsibility. (1) A person shall not engage in the business of a commodity dealer in this state without having obtained a license issued by the department. (2) The type of license required shall be determined as follows: (a) A class 1 li…

69-504. License issuance — Renewal — Expiration. (1) The department shall issue a license when the applicant has filed the application and complied with the terms and conditions of the provisions of this chapter and the rules of the department. The license shall expire on Decembe…

69-505. Exemptions. Any person currently licensed under chapter 2, title 69, Idaho Code, is exempt from the licensing provisions of this chapter.

69-506. Bonding requirements — Cancellation — Irrevocable letter of credit or certificate of deposit in lieu of bond — Single bond. Except as provided in chapter 2, title 69, Idaho Code, an applicant for a license to operate as a commodity dealer shall, before a license will be i…

69-507. Suspension or revocation of a license. The director may, after opportunity for hearing has been afforded to the licensee concerned, suspend or revoke any license issued to any commodity dealer under the provisions of this chapter for any violation of or failure to comply …

69-508. License fees. (1) The department shall assess and collect an annual fee for each commodity dealer’s license on an original application according to the following schedule: (a) For a class 1 license the fee shall be three hundred sixty dollars ($360). (b) For a class 2 lic…

69-509. Posting of license. The commodity dealer’s license shall be posted in a conspicuous location at his place of business.

69-510. Payment of purchase price. A person required to be licensed as a commodity dealer under the provisions of this chapter shall pay the purchase price to the owner or his agent for agricultural commodities upon delivery or demand by the owner or agent, but not later than thi…

69-511. Inspection of premises, books and records — Authorization to copy. The department may inspect the premises used by any commodity dealer in the conduct of his business at any reasonable time. The department is authorized through officials, employees, or agents of the depar…

69-512. Penalties. (1) Any person who engages in business as a commodity dealer without obtaining a license or who refuses to permit inspection of licensed premises, books, accounts, records or other documents required by the provisions of this chapter or who uses a scale ticket …

69-513. Injunction. Any violation of the provisions of this chapter or any violation involving the business of a commodity dealer may be enjoined upon complaint by the director.

69-514. Credit-sale contracts. (1) A commodity dealer who purchases agricultural commodities by credit-sale contracts shall maintain books, records and other documents as required by the department to establish compliance with the provisions of this section. (2) In addition to ot…

69-515. Confidential and protected records. Records required by the department including, but not limited to, production summaries, receiving records, conditioning reports, records relating to the payment of agricultural commodities, commodity indemnity fund and seed indemnity fu…

69-516. Standardization of records and documents. The department may adopt rules specifying the form and content of scale tickets and credit-sale contracts.

69-517. Director’s authority. The director may, upon his own motion, whenever he has reason to believe the provisions of this chapter have been violated, or upon verified complaint of any person in writing, investigate the actions of any commodity dealer licensed under the provis…

69-518. Appeals from decision of director. The director shall keep a complete transcript of all proceedings and evidence presented in any hearing before him. The commodity dealer or applicant thereof, or any protestant formally appearing at a hearing before the director for such …

69-519. License denial. (1) Any person against whose commodity dealer bond a claim has been ordered collected or has actually been collected shall not be licensed by the department for a period of three (3) years from the date of such order or collection. License denial may be wa…

69-520. Drawing checks insufficiently covered a violation. Any person engaged in business as a commodity dealer, as defined in this chapter, who shall make, draw, utter or deliver any check, draft or order for the payment of money upon any bank or other depository in payment to t…

69-521. Financial statements. In order to obtain a commodity dealer’s license, the applicant shall submit an audited or reviewed financial statement prepared by an independent certified public accountant or licensed public accountant, a statement of current assets and current lia…

69-522. Action on bond, certificate of deposit or irrevocable letter of credit by producers injured. Any producer injured by the breach of any obligation for which a bond, certificate of deposit or irrevocable letter of credit is written, under the provisions of section 69-506, I…

69-523. Publication of reports. The department of agriculture may publish the results of any investigations made under the provisions of this chapter and may publish the names and addresses of persons licensed under this chapter and a list of all licenses terminated under this ch…

69-524. Rules. The department of agriculture shall make such rules as it may deem necessary for the efficient execution of the provisions of this chapter.

69-525. Duty to prosecute. It shall be the duty of each prosecuting attorney to whom any violation is reported by the department to cause appropriate proceedings to be instituted and prosecuted without delay in a court of competent jurisdiction.

69-526. Cooperation with governmental agencies and private associations. The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpos…