Nebraska Revised Statutes
Chapter 88 - Warehouses
88-543 - Prohibited acts; penalty.

88-543. Prohibited acts; penalty.
(1) No warehouse licensee or partner, limited liability company member, officer, or agent thereof shall:
(a) Issue a receipt for grain not actually received. If at any time there is less grain in a warehouse than outstanding receipts issued for grain, there shall be a presumption that the warehouse licensee or partner, limited liability company member, officer, or agent thereof has wrongfully removed grain, has wrongfully caused grain to be removed, or has issued receipts for grain not actually received, and has violated this section;
(b) Create a post-direct delivery storage position without issuing proper documentation consistent with rules and regulations adopted and promulgated by the commission;
(c) Create a post-direct delivery storage position at any time the warehouse licensee does not have sufficient warehouse-owned grain or grain in open storage to cover the storage position created for the benefit of the producer; or
(d) Record grain as being received or loaded out that has not been physically deposited in or physically removed from the warehouse.
(2) Any warehouse licensee or partner, limited liability company member, officer, or agent thereof who knowingly and willingly violates this section shall be guilty of a Class IV felony.
Source

Structure Nebraska Revised Statutes

Nebraska Revised Statutes

Chapter 88 - Warehouses

88-502.02 - Transferred to section 88-552.

88-525 - Act, how cited.

88-526 - Terms, defined.

88-527 - Warehouses; warehouseman; license required; inspection; commission; powers and duties; fees; agreements with bordering states.

88-528 - License; application; criminal background check; financial statement.

88-528.01 - Criminal history record information check; fingerprinting; when.

88-529 - License fees.

88-530 - Financial requirements; security; requirements; liability of surety.

88-530.01 - Commission; additional financial documents required; when.

88-531 - License; multiple warehouses; license fee; how computed.

88-532 - License; issuance; expiration; renewal; posting requirements.

88-533 - Increase in storage capacity; requirements; fees.

88-534 - Payment for grain; when.

88-535 - Scale ticket; issuance; prima facie evidence.

88-536 - Receipts; issuance; requirements; commission; powers and duties; registration.

88-537 - Duplicate receipt; issuance; requirements; liability.

88-538 - Duplicate receipt; issuance; effect.

88-539 - Supervisor of warehouses; appointment; powers and duties.

88-540 - Delivery of grain; damages; surrender receipt.

88-541 - Storage rates.

88-542 - Inspections authorized.

88-543 - Prohibited acts; penalty.

88-543.01 - Civil penalty.

88-544 - Storage; termination.

88-545 - Commission; enforce act; rules and regulations; violation; penalty; damages; prosecution.

88-545.01 - Commission; contracts for audit or examination work authorized; Grain Warehouse Auditing Fund; created; use; investment.

88-546 - License; suspension or revocation; procedure.

88-547 - Warehouse; closure; when; commission; powers.

88-547.01 - Deposit of grain; how treated; priority of liens; effect.

88-547.02 - Judicial proceeding; notice required.

88-548 - Federal licensee; exemption from act; duties; commission; grain probe; duties; violation; penalty.

88-549 - Warehouse; notice to person storing grain; violation; penalty.

88-550 - Grain dust inspections; Department of Environment and Energy; commission; duties.

88-551 - Fees; where credited.

88-552 - Nebraska Grain Warehouse Surveillance Cash Fund; created; use; investment.