Notwithstanding any other provision of this chapter to the contrary, the director of agriculture may, within the director's discretion, make a payment out of the auction recovery fund to a person without first requiring the person to obtain a prior order issued by the director or by a court of competent jurisdiction if all of the following apply:
(A) The person claims to have sustained total actual and direct losses in the amount of one thousand dollars or less.
(B) The losses are associated with an act or transaction that only a person licensed under this chapter lawfully may perform.
(D) The amount of the alleged loss is readily ascertainable rather than speculative in nature.
(E) The claimant filed a properly notarized complaint with supporting documentation to the department not later than one year following the date of the alleged wrongful actions of the licensee.
(F) The department, within its discretion, determines that, based upon the evidence presented, justice would be better served by allowing compensation to be paid without first requiring the aggrieved party to obtain a judgment from a court of competent jurisdiction or an order of the department.
Effective Date: 07-01-2003 .