Title 26, COMMERCIAL LAW

Sec. 31.8. (a) If a fine is assessed under this chapter, the director shall issue a notice to the person or licensee containing the following: (1) The reasons the director assessed the fine, including citations to the applicable provisions of this chapter under which the fine has…

Sec. 32. (a) The director may apply for, and the courts of this state are vested with jurisdiction to issue, a temporary or permanent injunction against the business operation of a licensee, or the issuance of receipts or tickets without a license and against interference by any …

Sec. 32.5. If the director or the director's designated representative is required or permitted to give notice under this chapter, the notice must contain, in addition to information or content required to be included in the notice under this chapter, the following: (1) The date …

Sec. 33. In addition to all other inspections and investigations authorized by this chapter, the director or the director's designated representative may, upon request of any person having an interest in grain in a licensed warehouse, cause the warehouse to be examined. The direc…

Sec. 34. (a) A person who knowingly or intentionally violates or fails to comply with this chapter commits a Class A misdemeanor. Each day a person violates this chapter constitutes a separate violation. (b) A person who knowingly or intentionally issues a receipt or ticket, know…

Sec. 35. A person licensed under the warehouse act must also have a valid grain buyer license to do business in Indiana as a grain buyer. Formerly: Acts 1973, P.L.268, SEC.1. As amended by P.L.191-1991, SEC.13; P.L.125-1997, SEC.55.

Sec. 36. All fees received by the director under this chapter shall be deposited within thirty (30) days of receipt. Formerly: Acts 1973, P.L.268, SEC.1. As amended by Acts 1979, P.L.17, SEC.53; P.L.139-1996, SEC.12.

Sec. 38. The director or agency may adopt rules under IC 4-22-2 to carry out the purposes and intent of this chapter, including the following: (1) Inspections permitted under this chapter. (2) The receipt and retention of cash deposits. (3) The distribution of interest that may a…

Sec. 39. The office of the attorney general shall provide legal assistance to the division as requested by the director, including representation for petition for reviews filed under IC 4-21.5. As added by P.L.114-2025, SEC.42.

Sec. 4. (a) A person may not operate a warehouse or conduct business as a grain buyer or buyer-warehouse without first having obtained the appropriate license from the agency. (b) A person may not be licensed to operate a particular facility unless all facilities operated by the …

Sec. 4.1. (a) The agency shall mail by first class mail or send electronically a renewal application, which must include a listing of all the licensee's facilities, to each licensee before the end of the licensee's fiscal year. The renewal application form must be completed and r…

Sec. 4.2. (a) If an applicant for a license or a renewal of a license issued under this chapter does not regularly conduct business at a street address at which the applicant usually can be contacted in Indiana, the applicant shall include with the applicant's application a writt…

Sec. 4.4. (a) The agency shall issue the following types of licenses: (1) A grain bank license may be issued to a person that: (A) stores only grain bank grain; (B) has a storage capacity of not more than fifty thousand (50,000) bushels of grain; and (C) purchases less than fifty…

Sec. 4.7. (a) If a licensee desires to relinquish its license issued under this chapter, the licensee shall submit a written request to the director to relinquish the license. The relinquishment request must include a certification from the licensee that the licensee: (1) has ful…

Sec. 5. All scales used to weigh grain for purchase or storage must be inspected and certified as to accuracy at least once each year. Formerly: Acts 1973, P.L.268, SEC.1. As amended by P.L.2-1992, SEC.781; P.L.125-1997, SEC.22.

Sec. 6.1. (a) A financial statement submitted under this chapter must comply with the following: (1) Be prepared by an independent accountant certified under IC 25-2.1. (2) Comply with generally accepted United States accounting principles. (3) Be at a review level or audit level…

Sec. 6.3. (a) The grain buyers and warehouse licensing agency license fee fund is established to provide funds for the administration of this chapter and IC 26-3-7.5. The fund shall be administered by the agency. The fund consists of: (1) the moisture testing device inspection fe…

Sec. 6.5. (a) The names, locations, respective counties, and license status of licensees may be disclosed. (b) Unless in accordance with a judicial order, the director, the agency, its counsel, auditors, or its other employees or agents shall not divulge any other information dis…

Sec. 6.8. (a) A person that desires to conduct business as a grain buyer, warehouse operator, or buyer-warehouse in Indiana shall submit to the director the following: (1) A completed license application in the form required by the agency. (2) A financial statement that complies …

Sec. 7. (a) An applicant for a license under this chapter must show that the applicant: (1) has the qualifications and background essential for the conduct of the business to be licensed; (2) has not been found guilty of a crime involving illegal activities that involve money, as…

Sec. 8.5. (a) If the ownership of a facility or business licensed under this chapter passes to a successor owner, the obligations under this chapter of the original licensee do not cease until the successor owner is properly licensed and has executed a successor's agreement with …

Sec. 9. (a) Each applicant for a license under this chapter shall, as a condition of licensure, file or have on file with the director: (1) a cash deposit; (2) an irrevocable letter of credit; (3) a bond; or (4) any combination of the above; as provided in section 10 of this chap…

Sec. 1. The agency, corporation, and board have authority to publish and adopt rules consistent with this article. As added by P.L.250-1995, SEC.1.

Sec. 2. This article does not limit the authority of the director of the agency to take disciplinary action against a grain buyer or warehouse operator licensed under IC 26-3-7 for a violation of IC 26-3-7, this article, or the rules of the agency. As added by P.L.250-1995, SEC.1…

Sec. 3. The repayment in full of all obligations to the fund by a grain buyer or warehouse operator does not nullify or modify the effect of any other disciplinary proceeding brought under IC 26-3-7 or this article. As added by P.L.250-1995, SEC.1. Amended by P.L.75-2010, SEC.33.

Sec. 101. IC 26-2-8 may be cited as the Uniform Electronic Transactions Act. As added by P.L.62-2000, SEC.1.

Sec. 102. As used in this chapter: (1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular …

Sec. 103. (a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures that relate to a transaction. (b) This chapter does not apply to transactions subject to the following laws: (1) A law governing the creation and exe…

Sec. 104. (a) This chapter does not require that a record or signature be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter only applies to transactions between parties each of whic…

Sec. 105. This chapter must be construed and applied: (1) to facilitate electronic transactions consistent with other applicable law; (2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) to …

Sec. 106. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record or electronic signature was used in its formation. (c)…

Sec. 107. (a) If parties have agreed to conduct transactions electronically and a law requires a person to provide, send, or deliver information in writing to another person, that requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in …

Sec. 108. (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be proved in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the el…

Sec. 109. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one (1) party has conformed to the procedure, bu…

Sec. 110. If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all…

Sec. 111. (a) If a law requires that certain records be retained, that requirement is met by retaining an electronic record of the information in the record that: (1) accurately reflects the information set forth in the record after it was first generated in its final form as an …

Sec. 112. In a legal proceeding, evidence of an electronic record or electronic signature may not be excluded because it is an electronic record or electronic signature or it is not an original or is not in its original form. As added by P.L.62-2000, SEC.1.

Sec. 113. (a) If an offer evokes an electronic record in response, a contract may be formed in the same manner and with the same effect as if the record were not electronic, but an acceptance of the offer is effective, if at all, when received. (b) In an automated transaction, th…

Sec. 114. (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when the information is addressed or otherwise directed properly to the recipient and either: (1) enters an information processing system outside the control of the sender or …

Sec. 115. (a) In this section, "transferable record" means an electronic record that: (1) would be a note under IC 26-1-3.1 or a document under IC 26-1-7, if the electronic record were in writing; and (2) the issuer of the electronic record expressly has agreed is subject to this…

Sec. 116. (a) As used in this section, "authorization" means a consent, an approval, or an authorization between an individual and a person. (b) As used in this section, "electronic identification" means the electronic identification system for form, location, and endorsement tha…

Sec. 201. Each governmental agency shall determine whether, and the extent to which, the governmental agency will create and retain electronic records and convert written records to electronic records. As added by P.L.62-2000, SEC.1.

Sec. 202. (a) Except as otherwise provided in section 111(f) of this chapter, each governmental agency shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, …

Sec. 203. Standards adopted by a governmental agency under section 202 of this chapter must encourage and promote consistency and interoperability with similar requirements adopted by: (1) other governmental agencies; (2) other states; (3) the federal government; and (4) nongover…

Sec. 301. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the …

Sec. 302. This chapter applies to an electronic record or electronic signature created, generated, sent, communicated, received, or stored after June 30, 2000. As added by P.L.62-2000, SEC.1.