Effective: October 11, 2013
Latest Legislation: Senate Bill 66 - 130th General Assembly
The director of agriculture, by order, may refuse to grant or may suspend or conditionally suspend a handler's license, without prior hearing, when the director determines that there is reasonable cause to believe that the applicant or licensee:
(A) Has failed to maintain the insurance coverage required under section 926.07 of the Revised Code;
(B) Has failed to maintain accurate and complete records and accounts as required under section 926.11 of the Revised Code;
(C) Has failed to charge, collect, or remit the fee required under division (B) of section 926.16 of the Revised Code;
(D) Has refused to allow the director or the director's authorized representative to examine, at a reasonable time, the applicant's or licensee's accounting records, accounts, agricultural commodity inventories, or warehouse;
(E) Does not possess sufficient agricultural commodities to cover the outstanding receipts or tickets issued or assumed by the applicant or licensee under bailment agreements;
(F) Has issued a receipt in violation of this chapter or any rules adopted under it;
(G) Does not have the net assets specified in division (B) of section 926.06 of the Revised Code or has failed to obtain a bond or other protection for any deficiency in required net assets as provided in that division;
(H) Does not have the obligations for agricultural commodities purchased under delayed price agreements secured or represented as required under division (B) or (C) of section 926.29 of the Revised Code;
(I) Does not submit financial statements that comply with the requirements of division (C) of section 926.06 of the Revised Code within the applicable time period specified in that division;
(J) Does not notify the director of a statutory agent's change of address or of the death, removal, resignation, or revocation of the appointment of a statutory agent or does not appoint another agent in accordance with section 926.051 of the Revised Code.
The applicant or licensee to whom a denial, suspension, or conditional suspension order is issued shall be afforded a hearing in accordance with Chapter 119. of the Revised Code, after which the director shall issue or deny the license applied for in the pending application or reinstate or revoke the suspended or conditionally suspended license. The director may suspend, conditionally suspend, or revoke a license after a hearing held in accordance with Chapter 119. of the Revised Code for any other violations of this chapter or any rules adopted under it.
The director shall cause a notice to be posted on the property of a person whose license has been suspended, conditionally suspended, or revoked stating the limitations or restrictions imposed on the person in the handling of agricultural commodities as a result of the suspension, conditional suspension, or revocation. The notice shall not be removed from the property without written authorization from the director.
If a handler's license is revoked, the handler immediately shall notify, in a manner determined by the director, all parties that are storing agricultural commodities in the handler's warehouse and all holders of receipts issued by the handler, if known. The handler shall liquidate the commodities in the manner determined by the director.
Structure Ohio Revised Code
Title 9 | Agriculture-Animals-Fences
Chapter 926 | Agricultural Commodity Handlers
Section 926.01 | Agricultural Commodity Handler Definitions.
Section 926.011 | Grain Bank Defined.
Section 926.02 | Director of Agriculture - Powers and Duties.
Section 926.021 | Lien on Agricultural Commodity Assets of Failed Agricultural Commodity Handler.
Section 926.03 | Compliance With Administrative Rules.
Section 926.04 | Handler's License Required.
Section 926.05 | Application for Handler's License.
Section 926.051 | Appointment of Statutory Agent.
Section 926.06 | Issuing License.
Section 926.07 | Filing Certificate of Insurance.
Section 926.08 | Requiring Additional Insurance.
Section 926.09 | Cancellation or Substitution of Insurance.
Section 926.10 | Suspension or Refusal of Handler's License.
Section 926.101 | Immunity of Director When Suspension or Revocation Overturned by Court.
Section 926.102 | Effect of Child Support Default on License.
Section 926.11 | Maintenance of Records and Accounts.
Section 926.12 | License Posting.
Section 926.13 | Licensed Handler Duties.
Section 926.14 | Shortage of Agricultural Commodities.
Section 926.16 | Agricultural Commodity Depositors Fund.
Section 926.17 | Fee Adjustments or Waivers.
Section 926.18 | Filing Claim Upon Handler's Dishonor of Demand.
Section 926.19 | Commodity Handler Regulatory Program Fund.
Section 926.20 | Receiving Commodity for Storage.
Section 926.21 | Receipts Issued by Licensed Handler.
Section 926.22 | Issuing and Cancelling Receipts.
Section 926.23 | Duplicate Receipt Issued in Lieu of Lost or Destroyed Receipt.
Section 926.24 | Delivering Agricultural Commodity Upon Demand.
Section 926.25 | Sale or Pledge of Receipt Issued for an Agricultural Commodity.
Section 926.26 | Attachment or Execution Against Commodity.
Section 926.27 | Licensed Handler Discontinuing Business.
Section 926.28 | Disclosing Lack of Title or Existence of Lien or Mortgage - Posting Notice.
Section 926.29 | Delayed Price Agreement.
Section 926.30 | Agricultural Commodity Tester Certificate.
Section 926.32 | Commodity Advisory Commission.
Section 926.33 | Conflicting Laws - Effect and Purpose of Chapter.
Section 926.34 | Misapplication or Conversion of Assets.
Section 926.35 | Insolvent Handler.