203.9 Inspection of premises and records — reconstruction of records.
1. The department may inspect the premises used by any grain dealer in the conduct of the dealer’s business at any time. The department may inspect a grain dealer’s records that pertain to grain transactions during ordinary business hours. The department shall inspect a grain dealer’s records at least once each eighteen-month period without justification. The department shall prioritize inspections based on the system provided in section 203.22. The department may use a risk rating produced by a statistical model provided in section 203.22 as justification to conduct an inspection. A transporter of grain in transit shall possess bills of lading or other documents covering the grain, and shall present them to any law enforcement officer on demand. If there is justification to believe that a grain dealer is engaged without a license as required pursuant to section 203.3, the department may inspect the grain dealer’s records which pertain to grain transactions at any time.
2. If a grain dealer does not maintain a place of business in this state, the department is not required to inspect the grain dealer’s records. A grain dealer shall submit the grain dealer’s records relating to grain transactions occurring within this state to the department for purposes of an inspection as provided in this section at any reasonable time and place, including the offices of the department during regular business hours, as ordered by the department.
3. A grain dealer shall keep complete and accurate records. A grain dealer shall keep records for the previous six years. If the grain dealer’s records are incomplete or inaccurate, the department may reconstruct the grain dealer’s records in order to determine whether the grain dealer is in compliance with the provisions of this chapter. The department may charge the grain dealer the actual cost for reconstructing the grain dealer’s records, which shall be considered repayment receipts as defined in section 8.2.
4. The department may suspend or revoke the license of a grain dealer for failing to consent to a departmental inspection or cooperate with the department during an inspection as provided in this chapter.
[C75, 77, 79, 81, §542.9; 81 Acts, ch 180, §10]
84 Acts, ch 1224, §2; 86 Acts, ch 1152, §6; 89 Acts, ch 143, §101; 92 Acts, ch 1239, §60
C93, §203.9
2003 Acts, ch 69, §5; 2012 Acts, ch 1095, §89
Referred to in §203.11, 203.15, 203.22
Structure Iowa Code
Section 203.2 - Powers and duties of the department.
Section 203.2A - Grain purchasers who are not licensed grain dealers — special notice requirements.
Section 203.3 - License required — financial responsibility.
Section 203.4 - Participation in indemnity fund required.
Section 203.7 - Posting of license.
Section 203.9 - Inspection of premises and records — reconstruction of records.
Section 203.10 - Action affecting a license.
Section 203.11 - Penalties — injunctions.
Section 203.11A - Civil penalties.
Section 203.11B - Grain industry peer review panel.
Section 203.12 - Claims — cessation of a license and notice of license revocation.
Section 203.12A - Lien on grain dealer assets.
Section 203.12B - Appointment of department as receiver.
Section 203.13 - Enforcement officers.
Section 203.14 - No obligation of state.
Section 203.15 - Credit-sale contracts.
Section 203.16 - Confidentiality of records.
Section 203.17 - Documents and records.
Section 203.19 - Cooperative agreements.
Section 203.20 - Shrinkage adjustments — disclosures — penalties.
Section 203.22 - Prioritization of inspections of grain dealers.