Idaho Code
Chapter 51 - SEED INDEMNITY FUND LAW
Section 22-5117 - LICENSE DENIAL.

22-5117. LICENSE DENIAL. (1) Any seed buyer against whose 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 waived if the person can show, to the satisfaction of the director, that full settlement of all claims against the bond have been made. Full settlement does not include seed indemnity fund settlements. A change in a person’s business name shall not absolve any unsettled claim against that person’s prior bond.
(2) The director may deny the issuance or renewal of a license to an applicant after a public hearing and based on the following criteria:
(a) The applicant failed or refused to make prior claimants whole due to a previous failure;
(b) The applicant misrepresented material facts in the application for a license;
(c) The industry required to pay into the seed indemnity fund presents relevant objections; or
(d) Any material fact provided by a seed producer that demonstrates license denial would serve the best interest of the public.
(3) Any person adversely affected by the director’s final determination may secure judicial review as prescribed under the provisions of chapter 52, title 67, Idaho Code.

History:
[22-5117, added 2002, ch. 256, sec. 1, p. 743; am. 2018, ch. 153, sec. 1, p. 311.]

Structure Idaho Code

Idaho Code

Title 22 - AGRICULTURE AND HORTICULTURE

Chapter 51 - SEED INDEMNITY FUND LAW

Section 22-5101 - SHORT TITLE OF ACT.

Section 22-5102 - DEFINITIONS.

Section 22-5103 - LICENSES.

Section 22-5104 - BONDS — IRREVOCABLE LETTERS OF CREDIT — CERTIFICATES OF DEPOSIT — SINGLE BOND.

Section 22-5105 - AMOUNT OF BOND — NOTICE OF CANCELLATION.

Section 22-5106 - ACTION BY PRODUCER INJURED.

Section 22-5107 - FEES.

Section 22-5108 - RECEIPTS — SCALE WEIGHT TICKETS.

Section 22-5109 - MAINTENANCE OF RECORDS — EXAMINATION OF RECORDS — AUTHORIZATION TO COPY.

Section 22-5110 - VIOLATIONS — PENALTIES — DISCRETION OF DIRECTOR TO HANDLE ADMINISTRATIVELY.

Section 22-5111 - SUSPENSION OR REVOCATION OF LICENSE.

Section 22-5112 - DUTY TO PROSECUTE.

Section 22-5113 - NOTICE OF NONCOMPLIANCE — REQUIREMENTS — FAILURE TO COMPLY — REMEDIES OF DEPARTMENT.

Section 22-5114 - INSURANCE — CANCELLATION PROCEDURE — SUSPENSION OF LICENSE — SELF-INSURANCE.

Section 22-5115 - LICENSE REISSUANCE FOLLOWING REVOCATION.

Section 22-5116 - DEPARTMENT’S AUTHORITY.

Section 22-5117 - LICENSE DENIAL.

Section 22-5118 - PAYMENT AND VIOLATION.

Section 22-5119 - CONFIDENTIAL AND PROTECTED RECORDS.

Section 22-5120 - SEED INDEMNITY FUND.

Section 22-5121 - ASSESSMENTS.

Section 22-5122 - COLLECTION AND REMITTANCE OF ASSESSMENTS — PRINCIPAL AMOUNT HELD IN TRUST — INTEREST EARNED — FAILURE TO COLLECT OR REMIT ASSESSMENTS CONSTITUTES A VIOLATION — INTEREST AND PENALTIES FOR UNPAID ASSESSMENTS.

Section 22-5123 - FUNDING AND LIMITS OF FUND.

Section 22-5124 - ADVISORY COMMITTEE.

Section 22-5125 - PROOF OF CLAIMS — PROCEDURE — HEARING.

Section 22-5126 - FAILURE TO FILE — LOSS OF CLAIM ON FUND.

Section 22-5127 - MINIMUM BALANCE FOR CLAIMS — TERMINATION OF LIABILITY.

Section 22-5128 - PAYMENT FROM FUND — DEBT OF SEED BUYER OR SURETY — REIMBURSEMENT — ACCRUAL OF CAUSE OF ACTION.

Section 22-5129 - RULES.