Iowa Administrative Code

to do business in this state and shall be provided by and carried in the name of the warehouse operator. Each policy providing such coverage must have attached thereto an Iowa warehouse endorsement form as prescribed by the department. An insurance policy may include more than on…

“Bureau” means the grain warehouse bureau of the department of agriculture and land stewardship. “Generally accepted accounting principles” means accounting principles generally accepted in the United States of America, in accordance with the U.S. Financial Accounting Standards B…

the close of business at the end of each calendar month and filed with the bureau by the tenth of the following month. The grain statement must be on a form or in a format prescribed by the bureau. The bureau will furnish forms to the dealer upon request. A grain statement must b…

91.11(1) The bureau must be notified in writing prior to: a. Change of ownership of the grain dealer. b. Change of name or business address of the grain dealer. c. Change of the grain dealer’s fiscal year end. d. The ceasing of operations. 91.11(2) The licensee must notify the bu…

91.12(1) Financial statements—audit or bond or irrevocable letter of credit. a. A grain dealer must not purchase grain by a credit-sale contract until the licensee complies with paragraph this subrule. If the grain dealer elects to be authorized to issue credit-sale contracts und…

will follow a step-by-step enforcement policy to ensure consistent compliance with and application of this chapter. The department recognizes that violations of certain rules may have more serious ramifications; thus, the enforcement of those rules requires stricter policies. The…

factor greater than 40 percent, as calculated by the statistical model, may be examined at least twice in an 18-month period. [ARC 9456C, IAB 8/6/25, effective 7/10/25]

91.15(1) Persons who may file claims—time of filing. These rules are applicable only in those instances where a bond or letter of credit has been filed to satisfy Iowa Code section 203.3 or subrule 91.12(3). If a bond or irrevocable letter of credit is on file with the department…

electronic grain contracts using its own computer system or may contract with an independent provider to issue electronic grain contracts. If the licensee contracts with an independent provider, rules 21—91.16(203) through 21—91.21(203) shall apply. If the licensee issues electro…

independent of any outside influence or bias in action or appearance. A provider must enter into a provider agreement with the department prior to being approved by the department. A provider must issue and maintain electronic grain contracts only on behalf of licensees who contr…

of electronic grain contracts, a licensee must enter into a user agreement with a provider approved by the department. All electronic grain contracts issued by the licensee will be issued through and filed in the provider’s electronic central filing system. The use of electronic …

with the provisions of Iowa Code chapters 203 and 554D. 91.19(1) Agreement to conduct electronic transactions. A licensee or the licensee’s provider must maintain complete and sufficient records to show agreement between the grain seller and the licensee to conduct electronic gra…

the same legal entity. The licensee must give the bureau notice of a proposed name change. The bureau will confirm the name change with the secretary of state or other governmental agency prior to amending the license. [ARC 9456C, IAB 8/6/25, effective 7/10/25]

database. Only authorized employees of the licensee will have access to the provider’s central filing system or the licensee’s electronic database. A provider must prevent unauthorized persons from gaining access to its central filing system. If a licensee uses its own computer d…

purchased or delivered. [ARC 9456C, IAB 8/6/25, effective 7/10/25]

forwarded to the bureau immediately upon cancellation, suspension, or revocation of such license. A grain dealer’s letter requesting cancellation of the grain dealer license must also state whether there are any unpaid obligations. [ARC 9456C, IAB 8/6/25, effective 7/10/25]

fund fees. 91.5(1) Renewals. The bureau will send to each licensed grain dealer written notice that the application, the license fee and the indemnity fund fee for annual renewal of the grain dealer license must be received in accordance with Iowa Code section 203.5. If the burea…

91.6(1) New license applicants. To obtain a grain dealer license, an applicant must submit a financial statement that must: a. Be prepared within three months from the date of filing and comply with Iowa Code section 203.3; or b. Be prepared as of the applicant’s usual fiscal yea…

prescribed by the bureau. Irrevocable letters of credit issued to the bureau must be on the form prescribed by the bureau. Bonds and irrevocable letters of credit must be written so as to provide funds to protect producers who have sold grain to the licensed grain dealer. 91.7(1)…

91.8(1) Grain dealer’s standard business operation. “Standard business operation” means the licensed grain dealer’s standard written procedures and schedule for issuing payments to sellers for delivered grain. However, standard business operation does not include the payment for …

91.9(1) General records. A grain dealer must maintain complete and sufficient records to show all purchases, sales, and payments for grain purchased. 91.9(2) Daily position record. Unless otherwise approved by the bureau, every grain dealer must keep and maintain on a daily basis…

“Warehouse receipt” means a warehouse receipt issued for bulk grain in accordance with Iowa Code chapter 203C. [ARC 9457C, IAB 8/6/25, effective 7/10/25] GRAIN INDEMNITY FUND BOARD

pursuant to Iowa Code section 203D.5, in accordance with Iowa Code chapter 17A, fees are assessed as follows: 92.10(1) A per-bushel fee on all purchased grain, in an amount of one-quarter cent per bushel, remitted by grain dealers. However, if the grain dealer provides documentat…

operator license owe the initial participation fee regardless of whether the grain indemnity fund board has otherwise waived or adjusted the per-bushel or participation fees for licenses. Payment of the fees is due before a new license is issued. The department will refund a part…

92.12(1) Quarterly payments. The per-bushel fee and the participation fee installment payment and the quarterly report are due, except as provided in subrule 92.12(2), on the fifteenth day of the fiscal month succeeding the fiscal quarter in which the fee accrued. The fiscal quar…

92.13(1) Delinquent payments defined. In regard to the submission of the quarterly report, per-bushel fee and participation fee installment payment, the licensee is deemed to be delinquent if any of the following apply: a. The quarterly report and payment of the per-bushel fee du…

92.14(1) Delinquent payments defined. In regard to an underpayment discovered during the performance of an examination, the licensee is deemed to be delinquent if any of the following apply: a. The underpayment for any quarter exceeds the margin of error, which for this rule is t…

CLAIMS AGAINST THE FUND

Office Building, Des Moines, Iowa; telephone 515.281.5321; mailing address: Grain Indemnity Fund Board, c/o Grain Warehouse Bureau, Iowa Department of Agriculture and Land Stewardship, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319. [ARC 9457C, IAB …

grain dealer or warehouse operator, a claim against the grain depositors and sellers indemnity fund may be filed with the Grain Warehouse Bureau (the bureau), Iowa Department of Agriculture and Land Stewardship, Hoover State Office Building, 1305 East Walnut Street, Des Moines, I…

arising against a warehouse operator whose license has expired or has been revoked or canceled and who has not filed a petition for bankruptcy and where the bureau has been appointed by the court as the receiver of the grain assets of the warehouse, a claim properly filed with th…

the claim to each member of the board. [ARC 9457C, IAB 8/6/25, effective 7/10/25]

report to the board of claims ready for determination, identifying the gross and net amount of each claim and the bureau’s recommendations as to the validity and value of each claim. The bureau may report the claims ready for determination either as a class of listed claims relat…

may request additional information on a claim. The board will determine the amount of the loss and the amount the claimant is validly entitled to from the fund within 90 days after the submission of the report to the board, unless the board finds good cause to delay the determina…

92.25(1) Time limit for filing. A claimant whose claim has been determined by the board may appeal the determination by filing an appeal with the board within 20 days of the date the notice of the determination was sent. Appeals shall include a statement as to the amount the appe…

92.26(1) Subrogation and payment. If the board has validated all or part of a claim, the board authorizes the chairperson or the chairperson’s designee to facilitate payment from the fund to the claimant in the determined amount upon the claimant’s execution of a subrogation of t…

on the third Thursday of each month. In-person board meetings will generally be held in a conference room in the Hoover State Office Building. Telephone and video conference call meetings may be permitted and will generally be hosted from the offices of the grain warehouse bureau…

bureau in the board’s office. [ARC 9457C, IAB 8/6/25, effective 7/10/25]

of the board meeting at which the actions were taken. The board may adopt, amend, or rescind rules subject to Iowa Code chapter 17A to govern the operations of the board, to adjust or waive the per-bushel fee and the annual dealer-warehouse fee, and to govern the process of makin…

the activities of the board are public records and are on file in the board’s office. All records, including board minutes, are available for inspection during regular business hours. Copies may be obtained at a cost of 25 cents per page. [ARC 9457C, IAB 8/6/25, effective 7/10/25…

eligible as a covered transaction but became not covered as a result of a new deferred-payment contract transaction. [ARC 9457C, IAB 8/6/25, effective 7/10/25]

PARTICIPATION IN GRAIN INDEMNITY FUND

of the state soil conservation and water quality committee shall be appointed. The three members representing the mining industry, cities and towns, and tree farming shall be selected from the state at large. [ARC 3243C, IAB 8/2/17, effective 9/6/17]

quality committee shall be selected from the northwest, north central, northeast, southwest, south central, and southeast regions of the state. 1.2(1) Northwest region. The northwest region shall contain the counties of Buena Vista, Calhoun, Cherokee, Clay, Dickinson, Emmet, Ida,…

PART 1

by the division of soil conservation and water quality, Iowa department of agriculture and land stewardship, in accordance with the policies of the state soil conservation and water quality committee in implementing the state’s financial incentive program for soil erosion control…

thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule or subrule which can be given effect without invalid provision or application, and to this end the provisions of these rules or subrules are severabl…