RCW 20.01.240
Claims against commission merchant, dealer.
(1) Any consignor who believes he or she has a valid claim against the bond of a commission merchant or dealer shall file a claim with the director.
(2) In the case of a claim against the bond of a commission merchant or dealer in hay or straw, default occurs when the licensee fails to make payment within thirty days of the date the licensee took possession of the hay or straw or at a date agreed to by both the consignor and commission merchant or dealer in written contract. In the case of a claim against a limited dealer in hay or straw, default occurs when the licensee fails to make payment upon taking possession of the hay or straw.
(3) Upon the filing of a claim under this subsection against any commission merchant or dealer handling any agricultural product, the director may, after investigation, proceed to ascertain the names and addresses of all consignor creditors of such commission merchant and dealer, together with the amounts due and owing to them by such commission merchant and dealer, and shall request all such consignor creditors to file a verified statement of their respective claims with the director. Such request shall be addressed to each known consignor creditor at his or her last known address.
(4) For claims against a bond that have been filed by consignors prior to the sixty-day deadline established in RCW 20.01.250, the director shall investigate the claims and, within thirty days of verifying the claims, demand payment for the valid claims by the licensee's surety. The director shall distribute the proceeds of the valid bond claims to the claimants on a pro rata basis within the limits of the claims and the availability of the bond proceeds. If a claim is filed after the sixty-day deadline established in RCW 20.01.250, the director may investigate the claim and may demand payment for a valid claim. The director shall distribute the proceeds of any such payment made by the surety to the claimant on a first-to-file, first-to-be-paid basis within the limits of the claim and the availability of any bond proceeds remaining after the pro rata distribution. All distributions made by the director under this subsection are subject to RCW 20.01.260.
[ 2011 c 336 § 579; 2003 c 395 § 5; 1986 c 178 § 12; 1959 c 139 § 24.]
Structure Revised Code of Washington
Title 20 - Commission Merchants—Agricultural Products
Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents.
20.01.020 - Rules and regulations—Enforcement of chapter—Interference prohibited.
20.01.038 - License required of persons dealing in livestock, hay, grain, or straw.
20.01.040 - License—Generally.
20.01.060 - Licensee in one class may obtain license in another—Additional fee.
20.01.070 - Application for license—Contents.
20.01.080 - Commission merchant's schedule of commissions and charges—Changes, posting.
20.01.086 - Waiver of reporting, accounting, and recordkeeping requirements prohibited.
20.01.090 - Agent to disclose principal licensee and his endorsement.
20.01.110 - Publication of list of licensees and rules—Posting license.
20.01.120 - Vehicle license plates.
20.01.125 - Hay or straw—Certified vehicle tare and load weights—Violations.
20.01.130 - Disposition of moneys.
20.01.140 - Change in organization of firm to be reported.
20.01.150 - Denial, suspension, revocation of licenses, probationary orders—Authority.
20.01.160 - Denial, suspension, revocation of licenses, probationary orders—Procedure.
20.01.200 - Denial, suspension, revocation of licenses, probationary orders—Appellate review.
20.01.205 - License suspension—Noncompliance with support order—Reissuance.
20.01.210 - Commission merchants, dealers—Bonds.
20.01.211 - Alternative bonding provision for certain dealers.
20.01.212 - Livestock dealers bonded under federal law.
20.01.214 - Appeal from rejected bond claim.
20.01.220 - Action on bond for fraud.
20.01.230 - Action on bond for failure to comply with chapter.
20.01.240 - Claims against commission merchant, dealer.
20.01.250 - Failure of consignor to file claim, time limitation.
20.01.260 - Director not liable if circumstances prevent ascertainment of creditors—Demand on bond.
20.01.270 - Demand on bond after claims ascertained—Power of director to settle, compromise.
20.01.280 - Action on bond after refusal to pay—New bond, failure to file.
20.01.300 - Verified complaints of consignor—Investigations.
20.01.310 - Oaths, testimony, witnesses, subpoenas—Contempt proceedings—Records as evidence.
20.01.320 - Investigations, examinations, inspections—Search warrants—Subpoenas.
20.01.330 - Denial, revocation, suspension, or condition of licenses, probationary orders—Grounds.
20.01.360 - Order of revocation, suspension.
20.01.370 - Commission merchants—Recordkeeping.
20.01.385 - Failure to comply—Construction of transaction.
20.01.390 - When dealer must pay for products delivered to him or her.
20.01.400 - Broker's memorandum of sale.
20.01.410 - Manifest of cargo—Bill of lading.
20.01.420 - Commission merchant's report of sale to consignor.
20.01.430 - Commission merchant's remittance to consignor.
20.01.460 - Prohibited acts—Penalties.
20.01.465 - Time of sale requirement—Unlawful practice.
20.01.470 - Action to enjoin violation of chapter.
20.01.480 - Violations resulting in improper or nonpayment—Charges.
20.01.482 - Civil infractions—Notice—Misdemeanors.
20.01.484 - Civil infractions—Response to notice.
20.01.486 - Civil infractions—Hearing to contest charge—Order—Appeal.
20.01.488 - Civil infractions—Informal hearing on mitigating circumstances—Order—No appeal.
20.01.490 - Civil infractions—Monetary penalty—Failure to pay, misdemeanor.
20.01.500 - "Grower," "processor" defined—Application of exemption contained in RCW 20.01.030(1).
20.01.510 - Processor's form showing maximum processing capacity.
20.01.520 - Processor to have grower contracts and commitments on file.
20.01.530 - Grower may file form showing crops processor is committed to purchase.
20.01.540 - Committing to purchase more crops than plants can process—Violation.
20.01.550 - Discrimination by processor.
20.01.560 - Effective date of RCW 20.01.500 through 20.01.550.
20.01.570 - Cash or other security in lieu of surety bond.
20.01.610 - Authority to stop vehicle violating chapter—Failure to stop, civil infraction.
20.01.900 - Chapter cumulative and nonexclusive.