Revised Code of Washington
Chapter 22.09 - Agricultural Commodities.
22.09.350 - Remedies of department on discovery of shortage.

RCW 22.09.350
Remedies of department on discovery of shortage.

(1) Whenever it appears that there is evidence after any investigation that a warehouse operator has a shortage, the department may levy a fine of one hundred dollars per day until the warehouse operator covers the shortage.
(2) In any case where the director determines the shortage creates a substantial or continuing threat of loss to the depositors of the warehouse operator, the department may, in lieu of levying a fine or further fines, give notice to the warehouse operator to comply with all or any of the following requirements:
(a) Cover the shortage;
(b) Give additional bond as requested by the department;
(c) Submit to such inspection as the department may deem necessary;
(d) Cease accepting further commodities from depositors or selling, encumbering, transporting, or otherwise changing possession, custody, or control of commodities owned by the warehouse operator until there is no longer a shortage.
(3) If the warehouse operator fails to comply with the terms of the notice provided for in subsection (2) of this section within twenty-four hours from the date of its issuance, or within such further time as the department may allow, the department may petition the superior court of the county where the licensee's principal place of business in Washington is located as shown by the license application, for an order:
(a) Authorizing the department to seize and take possession of all or a portion of special piles and special bins of commodities and all or a portion of commingled commodities in the warehouse or warehouses owned, operated, or controlled by the warehouse operator, and of all books, papers, and property of all kinds used in connection with the conduct or the operation of the warehouse operator's warehouse business, and the books, papers, records, and property that pertain specifically, exclusively, and directly to that business; and
(b) Enjoining the warehouse operator from interfering with the department in the discharge of its duties as required by this section.

[ 2011 c 336 § 624; 1983 c 305 § 48; 1963 c 124 § 35.]
NOTES:

Severability—1983 c 305: See note following RCW 20.01.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 22 - Warehousing and Deposits

Chapter 22.09 - Agricultural Commodities.

22.09.011 - Definitions.

22.09.020 - Department authority—Rules.

22.09.030 - Warehouse license or licenses required.

22.09.035 - Grain dealer license required, exception.

22.09.040 - Application for warehouse license.

22.09.045 - Application for grain dealer license.

22.09.050 - Warehouse license fees—Penalty.

22.09.055 - Grain dealer—Exempt grain dealers—License fees—Penalty.

22.09.060 - Bond or certificate of deposit and insurance prerequisite to license—Exemption.

22.09.070 - Warehouse licenses—Issuance—Posting—Duration.

22.09.075 - Grain dealer licenses—Issuance—Posting—Duration.

22.09.080 - Licenses—Denial—Suspension—Revocation.

22.09.090 - Bond requisites—Certificate of deposit or other security—Additional security—Suspension of license for failure to maintain.

22.09.095 - Single bond by multiple applicants.

22.09.100 - Bonds—Duration—Release of surety—Cancellation by surety.

22.09.110 - Casualty insurance required—Certificate to be filed.

22.09.120 - Insurance—Cancellation procedure—Suspension of license.

22.09.130 - Rights and duties of warehouse operator—Duty to serve—Receipts—Special binning—Unsuitable commodities—Put through commodities.

22.09.140 - Rights and duties of licensees—Partial withdrawal—Adjustment or substitution of receipt—Liability to third parties.

22.09.150 - Rights and duties of warehouse operator—Delivery of stored commodities—Damages.

22.09.160 - Rights and duties of licensees—Disposition of hazardous commodities.

22.09.170 - Rights and duties of warehouse operator—Special disposition of commodities under written order.

22.09.175 - Presumptions regarding commodities—Approval of contracts.

22.09.180 - Rights and duties of licensees—Records, contents—Itemized charges.

22.09.190 - Rights and duties of warehouse operator—Rebates, preferences, etc., prohibited.

22.09.195 - Rights and duties of warehouse operator—RCW 22.09.190 inapplicable to contracts with governmental agencies.

22.09.200 - Rights and duties of licensees—Reports to department.

22.09.220 - Rights and duties of licensees—Premises, construction and maintenance.

22.09.230 - Rights and duties of warehouse licensees—Signs—Use of "Washington Bonded Warehouse."

22.09.240 - Rights and duties of warehouse operator—Schedule of rates—Posting—Revision.

22.09.250 - Rights and duties of warehouse operator—Unlawful practices.

22.09.260 - Deposit of commodities unfit for human consumption—Notice.

22.09.290 - Warehouse receipts—Required terms.

22.09.300 - Warehouse receipts—Forms, numbering, printing, bond—Compliance with Article 7 of Title 62A RCW—Confiscation.

22.09.310 - Warehouse receipts—Dealing in unauthorized receipts prohibited—Penalty.

22.09.320 - Warehouse receipts—Lost or destroyed receipts.

22.09.330 - Scale weight tickets not precluded.

22.09.340 - Examination of receipts and commodities—Request—Fee—Access to bins—Records and accounts—Out-of-state offices.

22.09.345 - Inspections—Notice, when issued—Failure to comply, penalty—Court order—Costs, expenses, attorneys' fees.

22.09.350 - Remedies of department on discovery of shortage.

22.09.361 - Seizure of commodities or warehouse operator's records—Department duties—Warehouse operator's remedies—Expenses and attorneys' fees.

22.09.371 - Depositor's lien.

22.09.381 - Depositors' claims, processing by department.

22.09.391 - Depositor's lien—Liquidation procedure.

22.09.405 - Grain indemnity fund program—Activation—In lieu of other security.

22.09.411 - Grain indemnity fund program—Fund established—Contents, deposits, disbursements, use.

22.09.416 - Grain indemnity fund program—Assessments.

22.09.421 - Grain indemnity fund program—Initial assessment—Effect on preceding security—New applicants for warehouse or grain dealer licenses.

22.09.426 - Grain indemnity fund program—Annual assessments—Limitations.

22.09.431 - Grain indemnity fund program—Additional security.

22.09.436 - Grain indemnity fund program—Advisory committee.

22.09.441 - Grain indemnity fund program—Processing of claims.

22.09.446 - Grain indemnity fund program—Failure to file claim in time.

22.09.451 - Grain indemnity fund program—Payment limitations.

22.09.456 - Grain indemnity fund program—Additional payment limitations.

22.09.461 - Grain indemnity fund program—Payment of claims—Restrictions, priority.

22.09.466 - Grain indemnity fund program—Debt and obligation of grain dealer or warehouse operator—Recovery by director.

22.09.471 - Grain indemnity fund program—Proceedings against licensee.

22.09.520 - Deposits as bailments.

22.09.570 - Action on bond by director—Authorized—Grounds.

22.09.580 - Action on bond by director—Failure of depositor creditor to file claim upon request—Effect.

22.09.590 - Action on bond by director—Records as to depositor creditors missing or information incomplete—Effect.

22.09.600 - Action on bond by director—Powers of director.

22.09.610 - Action on bond by director—When authorized—New bond, when required—Penalty for failure to file.

22.09.615 - Action by depositor upon licensee's bond.

22.09.620 - Payment for agricultural commodities purchased—Time requirements.

22.09.630 - Payment violations—Recovery by department—Charges to depositors.

22.09.640 - Publication and distribution of list of licensed warehouses.

22.09.650 - Remedies of department as to stations.

22.09.660 - Emergency storage situation—Forwarding to other warehouses.

22.09.710 - Designation of inspection points and terminal warehouses.

22.09.720 - Grades and standards of commodities—Regulations.

22.09.730 - Inspection or grading of commodities—Methods.

22.09.740 - Inspection or grading of commodities—File samples, retention.

22.09.750 - Inspection or grading of commodities—Powers and duties of inspectors at terminal warehouses—Recordkeeping.

22.09.760 - Inspection or grading of commodities—No inspection if commodity is to be loaded into defective container.

22.09.770 - Inspection or grading of commodities—Unlawful practices—Penalty.

22.09.780 - Inspection or grading of commodities.

22.09.790 - Inspection or grading of commodities—Fees and charges.

22.09.800 - Inspection or grading of commodities—Scales and weighing.

22.09.810 - Inspection or grading of commodities—Inspection of commodities shipped to or from places other than inspection points.

22.09.820 - Inspection or grading of commodities—Unloading commodity without inspection or weighing.

22.09.830 - Grain inspection revolving fund—Hop inspection fund—Grain warehouse audit account.

22.09.840 - Fumigated conveyances to be labeled.

22.09.850 - Railroads to provide side tracks and track scales—Weighing of cars.

22.09.860 - Police protection of terminal yards and tracks.

22.09.870 - Injunctions.

22.09.880 - Cooperation with governmental agencies and private associations.

22.09.890 - General penalty.

22.09.895 - Civil penalty.

22.09.900 - Continuation of rules adopted pursuant to repealed chapter.

22.09.910 - Savings—1963 c 124.

22.09.920 - Construction as to Article 7 of Title 62A RCW.

22.09.930 - Effective date—1963 c 124.