22-5128. PAYMENT FROM FUND — DEBT OF SEED BUYER OR SURETY — REIMBURSEMENT — ACCRUAL OF CAUSE OF ACTION. Amounts paid from the seed indemnity fund in satisfaction of any approved claims shall constitute a debt and obligation of the seed buyer against whom the claim was made and its surety. The director may bring suit on behalf of the seed indemnity fund and in the name of any claimant paid from the fund in district court of Ada county to recover from the seed buyer and its surety the amount of the payment made from the seed indemnity fund, together with costs and attorney’s fees incurred in maintaining the suit. In the event the department initiates an action against a seed buyer or surety, the department’s claim is deemed to accrue and relate back to the time that each producer who received a seed indemnity fund payment incurred a loss with the seed buyer. Any recovery for reimbursement of the fund shall bear interest at the statutory rate from the date of failure.
History:
[22-5128, added 2002, ch. 256, sec. 1, p. 746.]
Structure 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 22-5104 - 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 22-5108 - 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 22-5114 - 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 22-5123 - 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.