69-262. PROOF OF CLAIMS — PROCEDURE — HEARING — INSPECTION OF WAREHOUSE. In the event a warehouse or dealer fails, as defined in section 69-202(8), Idaho Code, the department shall process the claims of producers who have paid or owe assessments as required by this chapter. Claims against a failed warehouse or dealer shall include written evidence disclosing a storage obligation or a sale or delivery of commodities.
(1) The department shall give notice and provide a reasonable time of not less than thirty (30) days and not more than sixty (60) days to producers to file their written verified claims, including any written evidence, with the department.
(2) The department shall investigate each claim and prepare a staff report and recommendation as to the validity and amount of each claim. The department shall provide a copy of the staff report and recommendation to the commodity indemnity fund advisory committee, and make available for review by the advisory committee any documentation upon which the department relied in preparing the staff report and recommendation. No later than two (2) weeks following issuance of the staff report and recommendation, the advisory committee shall provide the director with the committee’s written comments regarding the staff report, recommendation and payment of claims from the fund.
(3) Following the receipt of the staff report, recommendation and the commodity indemnity fund advisory committee’s written comments, if any, the director shall issue a determination regarding the validity and amount of each claim.
(4) The director shall notify each claimant, the warehouseman or dealer, and the advisory committee of the department’s determination as to the validity and amount of each claimant’s claim. A claimant or warehouseman or dealer may request a hearing on the department’s determination within twenty (20) days of receipt of written notification and a hearing shall be held by the department pursuant to chapter 52, title 67, Idaho Code. Upon determining the amount and validity of the claim, the director shall pay to the claimant an amount equal to ninety percent (90%) of the approved claim from the commodity indemnity fund. Prior to any payment from the fund to a claimant, the claimant shall be required to subrogate and assign his right to recover from any other source. The department may then pay up to ninety percent (90%) of the approved claim to the claimant. The department shall have a priority claim for that amount. The claimant shall be entitled to seek recovery of the remaining ten percent (10%) which was not originally assigned to the department. For the purpose of determining the amount of the producer’s claim, the value of a producer’s commodity shall be the lesser of: (a) the value of the commodity on the date the director declared the warehouse or dealer to have failed or to have failed to comply with the provisions of this chapter or rules promulgated thereunder; (b) the contract price as listed on a valid contract; or (c) the value of the commodity represented on the contract on the date the contract was signed. The value shall be determined by a survey of the available market price reports or markets of similar facilities within the same geographic location as the failed facility.
(5) The department may inspect and audit a failed warehouseman or dealer. In the event of a shortage, the department shall determine each producer’s pro rata share of available commodities and the deficiency shall be considered as a claim of the producer. Each type of commodity shall be treated separately for the purpose of determining shortages.
(6) The director shall not approve or pay any claim made on the commodity indemnity fund if the claim is based on losses resulting from the deposit, sale or storage of commodities in an unlicensed warehouse or dealer.
(7) The fund shall not be liable for claims filed against a warehouse or dealer in good standing who has voluntarily relinquished their license if such claims are not filed with the department within six (6) months of the closing.
(8) The fund shall not be liable for claims that result from losses due to uninsurable physical perils.
History:
[69-262, added 1988, ch. 350, sec. 2, p. 1038; am 1989, ch. 320, sec. 7, p. 831; am. 1990, ch. 183, sec. 10, p. 406; am. 1991, ch. 223, sec. 3, p. 533; am. 1999, ch. 203, sec. 2, p. 549; am. 2001, ch. 304, sec. 13, p. 1109; am. 2002, ch. 259, sec. 43, p. 778; am. 2009, ch. 39, sec. 1, p. 112; am. 2014, ch. 285, sec. 2, p. 724.]
Structure Idaho Code
Chapter 2 - BONDED WAREHOUSE LAW
Section 69-201 - SHORT TITLE OF ACT.
Section 69-203 - LICENSE NECESSARY TO OPERATE PUBLIC WAREHOUSE.
Section 69-204 - PENALTY FOR OPERATING WITHOUT A LICENSE — MISREPRESENTATION.
Section 69-206 - LICENSES TO WAREHOUSEMEN — ISSUE — RENEWAL — CONDITIONS PRECEDENT.
Section 69-207 - TERM OF LICENSE — RENEWAL.
Section 69-208A - AMOUNT OF BOND — CANCELLATION.
Section 69-210 - DESIGNATION OF WAREHOUSE AS BONDED WAREHOUSE.
Section 69-211 - FEES OF DEPARTMENT.
Section 69-212 - SCHEDULE OF CHARGES — POSTING.
Section 69-213 - PRIVILEGE OF EXAMINING COMMODITIES STORED.
Section 69-213A - ANNUAL NOTIFICATION.
Section 69-214 - EMPLOYMENT OF PERSONNEL.
Section 69-215 - LICENSES TO WEIGH COMMODITIES FOR STORAGE.
Section 69-217 - RIGHT TO ASSESS AND COLLECT FEES.
Section 69-218 - WAREHOUSEMEN TO RECEIVE COMMODITIES ACCORDING TO CAPACITY.
Section 69-219 - COMMODITIES DEEMED DELIVERED SUBJECT TO LAW.
Section 69-220 - INSPECTION AND GRADING OF DISEASED OR INSECT INFESTED COMMODITIES.
Section 69-222 - RECEIPTS — SCALE WEIGHT TICKETS.
Section 69-224 - STANDARDS FOR AGRICULTURAL COMMODITIES.
Section 69-225 - LOSS OF RECEIPTS — CONDITIONS OF REISSUE.
Section 69-226 - RECORDS OF WAREHOUSES — CONDUCT OF WAREHOUSES.
Section 69-227 - EXAMINATION OF COMMODITIES OR SEED CROPS — RECORDS — PUBLICATION OF FINDINGS.
Section 69-228 - SUSPENSION OR REVOCATION OF LICENSE.
Section 69-229 - PUBLICATION OF REPORTS.
Section 69-230 - EXAMINATION OF BOOKS — AUTHORIZATION TO COPY.
Section 69-232 - COOPERATION WITH GOVERNMENTAL AGENCIES AND PRIVATE ASSOCIATIONS.
Section 69-233 - VIOLATION OF LAW — PENALTY.
Section 69-234 - RENT OF QUARTERS — EMPLOYMENT OF ASSISTANTS.
Section 69-235 - EFFECT OF PARTIAL INVALIDITY OF LAW.
Section 69-236 - NONCOMPLIANCE — FAILURE — REMEDIES OF DEPARTMENT.
Section 69-238 - WAREHOUSEMAN’S OBLIGATIONS — DUTY TO DELIVER DEPOSITED COMMODITIES — DAMAGES.
Section 69-239 - DUTIES OF WAREHOUSEMAN — CONTENTS OF RECORDS.
Section 69-240 - DIRECTOR’S DISCRETIONARY ACTION.
Section 69-241 - INSURANCE — CANCELLATION PROCEDURE — SUSPENSION OF LICENSE.
Section 69-243 - DUTY TO PROSECUTE.
Section 69-244 - LICENSE REISSUANCE FOLLOWING REVOCATION.
Section 69-245 - DIRECTOR’S AUTHORITY.
Section 69-246 - APPEALS FROM DECISION OF DIRECTOR.
Section 69-247 - LICENSE DENIAL.
Section 69-248 - DRAWING CHECKS INSUFFICIENTLY COVERED A VIOLATION.
Section 69-249 - CREDIT-SALE CONTRACTS.
Section 69-250 - CONFIDENTIAL AND PROTECTED RECORDS.
Section 69-251 - PAYMENT OF PURCHASE PRICE.
Section 69-255 - SHORT TITLE — INDEMNITY FUND PROGRAM.
Section 69-256 - CREATION OF INDEMNITY FUND — USES.
Section 69-257 - ASSESSMENT — RATE — MINIMUM AND MAXIMUM ASSESSMENT.
Section 69-259 - FUNDING AND LIMITS OF FUND.
Section 69-260 - FINANCIAL DIFFICULTIES — ADDITIONAL BOND OR SECURITY REQUIRED.
Section 69-261 - ADVISORY COMMITTEE — TERMS — COMPENSATION.
Section 69-262 - PROOF OF CLAIMS — PROCEDURE — HEARING — INSPECTION OF WAREHOUSE.
Section 69-263 - FAILURE TO FILE — LOSS OF CLAIM ON FUND.
Section 69-264 - MINIMUM BALANCE — SUBSEQUENT PAYMENTS.
Section 69-267 - CLAIM AGAINST WAREHOUSEMAN OR DEALER — DIRECTOR’S REMEDIES.