Ohio Revised Code
Chapter 926 | Agricultural Commodity Handlers
Section 926.14 | Shortage of Agricultural Commodities.

Effective: July 1, 1983
Latest Legislation: House Bill 770 - 114th General Assembly
(A) Whenever the director of agriculture determines that a licensed handler does not have in his possession sufficient agricultural commodities to cover the outstanding receipts and tickets issued or assumed by him under a bailment agreement, or when the licensed handler refuses to submit his records or property to lawful inspection as provided under this chapter, the director may give notice to the licensed handler to:
(1) Cover such shortage;
(2) Furnish bond as required by the director;
(3) Submit to such inspection as the director considers necessary.
(B) If the licensed handler fails to comply with the terms of the notice within twenty-four hours from the date of its issuance, or within such further time as the director may allow, the director may petition the court of common pleas of the county where the licensed handler's principal place of business is located, as shown by the license application, for an order authorizing the director to seize and take possession of all or a portion of the agricultural commodities located in the warehouse operated by the licensed handler and of all pertinent records and other property.
(C) Upon taking possession as provided in division (B) of this section, the director shall notify the holders of record, as shown by the licensed handler's records, of all receipts and tickets issued for agricultural commodities, to present their receipts or tickets for inspection, or to account for the same. The director may thereupon cause an audit and other investigation to be made of the affairs of the licensed handler, especially with respect to the agricultural commodities in which there is an apparent shortage, to determine the amount of such shortage and compute the shortage as to each depositor as shown by the licensed handler's records, if practicable.
(D) The director shall retain possession obtained under this section until such time as the licensed handler or the surety on any bond, required by the director under authority of division (A)(2) of this section, has satisfied the claims of all depositors, or until such time as the director is ordered by the court to surrender possession.
(E) If during or after the audit or other investigation provided for in this section, or at any other time, the director has evidence that the licensed handler is insolvent or is unable to satisfy the claims of all depositors, the director may petition the court of common pleas for the appointment of a receiver to operate or liquidate the business of the licensed handler.
(F) At any time within ten days after the director takes possession, the licensed handler may serve notice upon the director to appear in the court of common pleas of the county in which such warehouse is located at a time to be fixed by such court, which shall not be less than five, nor more than fifteen, days from the date of the service of such notice, and show cause why such possession should not be restored to the licensed handler.
(G) All necessary expenses incurred by the director or any receiver appointed under division (E) of this section may be recovered from the licensed handler in separate civil action brought by the director in the court of common pleas or recovered at the same time and as a part of the seizure or receivership action filed under this section. As a part of the expenses so incurred, the cost of adequate liability insurance necessary to protect the director, the receiver, and others engaged in carrying out this section may be included.

Structure Ohio Revised Code

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 926.141 | Petition for Appointment of Receiver to Operate or Liquidate the Business of the Unlicensed Handler.

Section 926.15 | Injunctions.

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 926.31 | Representative Sample to Be Drawn for Testing by Agricultural Commodity Tester to Determine Quality of Commodity.

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.

Section 926.36 | Contract With Marketing Associations.

Section 926.99 | Penalty.