203C.14 Suit — claims — notice of revocation.
1. A person injured by the breach of an obligation of a warehouse operator, for the performance of which a bond on agricultural products other than bulk grain, a deficiency bond, or an irrevocable letter of credit has been given under any of the provisions of this chapter, may sue on the bond on agricultural products other than bulk grain, deficiency bond, or irrevocable letter of credit in the person’s own name in a court of competent jurisdiction to recover any damages the person has sustained by reason of the breach.
2. a. Upon the cessation of a warehouse operator’s license due to revocation, cancellation, or expiration, a claim against the warehouse operator arising under this chapter shall be made in writing with the warehouse operator, with the issuer of a bond on agricultural products other than bulk grain, a deficiency bond, or an irrevocable letter of credit, and, if the claim relates to bulk grain, with the department. The claim must be made within one hundred twenty days after the cessation of the license. The failure to make a timely claim relieves the issuer and, if the claim relates to bulk grain, the grain depositors and sellers indemnity fund provided in chapter 203D of all obligations to the claimant.
b. Upon revocation of a warehouse license, the department shall cause notice of the revocation to be published once each week for two consecutive weeks in a newspaper of general circulation in each of the counties in which the licensee maintains a business location and in a newspaper of general circulation within the state. The notice shall state the name and address of the warehouse operator and the effective date of revocation. The notice shall also state that any claims against the warehouse operator shall be made in writing and sent by ordinary mail to the warehouse operator, to the issuer of a bond on agricultural products other than bulk grain, deficiency bond, or an irrevocable letter of credit, and to the department within one hundred twenty days after revocation, and the notice shall state that the failure to make a timely claim does not relieve the warehouse operator from liability to the claimant.
c. This subsection does not apply if a receiver is appointed as provided in this chapter pursuant to a petition which is filed by the department prior to the expiration of one hundred twenty days after cessation of warehouse operator’s license.
[C24, 27, 31, §9749; C35, §9751-g31; C39, §9751.31; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.14]
86 Acts, ch 1152, §25
C93, §203C.14
2012 Acts, ch 1095, §107; 2012 Acts, ch 1138, §56
Referred to in §203D.6
Structure Iowa Code
Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS
Section 203C.2 - Duties and powers of the department — operator recordkeeping.
Section 203C.3 - Appointment of department as receiver.
Section 203C.4 - Powers and duties of receiver.
Section 203C.5 - Rules — documents and forms.
Section 203C.6 - Issuance of license and financial responsibility.
Section 203C.7 - Application for the issuance or renewal of a license.
Section 203C.8 - License to specify type and quantity of products which may be stored.
Section 203C.9 - Amendment of license.
Section 203C.10 - Action affecting a license.
Section 203C.12 - Participation in fund required.
Section 203C.12A - Lien on warehouse operator assets.
Section 203C.13 - Form and amount of evidence of financial responsibility.
Section 203C.14 - Suit — claims — notice of revocation.
Section 203C.15 - Insurance required — exception.
Section 203C.16 - License required for the storage of bulk grain.
Section 203C.17 - Receiving bulk grain at licensed and unlicensed warehouses.
Section 203C.18 - Warehouse receipts — issuance, printing, and electronic filing.
Section 203C.19 - Rights and obligations with respect to warehouse receipts — lost receipts.
Section 203C.20 - Receipt by warehouse operator to self.
Section 203C.23 - Warehouse operator’s obligation.
Section 203C.24 - Confidentiality of records.
Section 203C.25 - Shrinkage adjustments — disclosures — penalties.
Section 203C.27 - Discrimination.
Section 203C.28 - Tariff rates.
Section 203C.30 - Inspecting and grading.
Section 203C.34 - Display of license.
Section 203C.35 - Licensed warehouse operator to keep records.
Section 203C.36 - Penalties — injunction.
Section 203C.36A - Civil penalties.
Section 203C.37 - Issuance of a license and payment of fees.
Section 203C.38 - No obligation of state.
Section 203C.39 - Grain stored in another warehouse.
Section 203C.40 - Prioritization of inspections of warehouse operators.