RCW 22.09.381
Depositors' claims, processing by department.
In the event of a failure of a grain dealer or warehouse operator, the department may process the claims of depositors possessing written evidence of ownership disclosing a storage obligation or written evidence of a sale of commodities in the following manner:
(1) The department shall give notice and provide a reasonable time to depositors possessing written evidence of ownership disclosing a storage obligation or written evidence of sale of commodities to file their claims with the department.
(2) The department may investigate each claim and determine whether the claimant's commodities are under a storage obligation or whether a sale of the commodities has occurred. The department may, in writing, notify each claimant and the failed grain dealer or warehouse operator of the department's determination as to the status and amount of each claimant's claim. A claimant, failed warehouse operator, or grain dealer may request a hearing on the department's determination within twenty days of receipt of written notification, and a hearing shall be held in accordance with chapter 34.05 RCW.
(3) The department may inspect and audit the failed warehouse operator to determine whether the warehouse operator has in his or her possession sufficient quantities of commodities to cover his or her storage obligations. In the event of a shortage, the department shall determine each depositor's pro rata share of available commodities and the deficiency shall be considered as a claim of the depositor. Each type of commodity shall be treated separately for the purpose of determining shortages.
(4) The department shall determine the amount, if any, due each claimant by the surety and make demand upon the bond in the manner set forth in this chapter.
[ 2011 c 336 § 627; 1983 c 305 § 51.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
Structure Revised Code of Washington
Title 22 - Warehousing and Deposits
Chapter 22.09 - Agricultural Commodities.
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.
22.09.095 - 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.
22.09.150 - Rights and duties of warehouse operator—Delivery of stored commodities—Damages.
22.09.160 - Rights and duties of licensees—Disposition of hazardous commodities.
22.09.175 - 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.
22.09.200 - 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.
22.09.310 - 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.
22.09.350 - Remedies of department on discovery of shortage.
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.
22.09.426 - 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.
22.09.471 - Grain indemnity fund program—Proceedings against licensee.
22.09.520 - Deposits as bailments.
22.09.570 - Action on bond by director—Authorized—Grounds.
22.09.600 - Action on bond by director—Powers of director.
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.
22.09.770 - 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.
22.09.820 - 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.
22.09.880 - Cooperation with governmental agencies and private associations.
22.09.900 - Continuation of rules adopted pursuant to repealed chapter.
22.09.910 - Savings—1963 c 124.