Ohio Revised Code Search

...l commodity inventory of a licensed handler without written notice to the director at least thirty days prior to the effective date of cancellation.

...rance coverage required under section 926.07 of the Revised Code; (B) Has failed to maintain accurate and complete records and accounts as required under section 926.11 of the Revised Code; (C) Has failed to charge, collect, or remit the fee required under division (B) of section 926.16 of the Revised Code; (D) Has refused to allow the director or the director's authorized representative to examine, at a reaso...

...ity depositors fund created in section 926.16 of the Revised Code shall be held harmless from any liabilities or financial obligations arising out of the operations of the handler while operating under the court order.

....50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license, certificate, or permit issued pursuant to this chapter.

... his representative at all reasonable times. A licensed handler who keeps false records and accounts is guilty of the offense of falsification under section 2921.13 of the Revised Code. (D) The director may examine, or cause to be examined, at any reasonable time, the records and accounts, agricultural commodity inventory, or warehouse of a licensed handler, applicant for a handler's license, or unlicensed person su...

... observation and reading by persons marketing agricultural commodities the handler's license as an agricultural commodity handler.

...e holders of uncanceled receipts or tickets for commodities in the warehouse in the order in which the receipts or tickets are dated. Nothing in this section shall relieve any licensed handler from exercising due care and vigilance in preserving any agricultural commodity after he discovers that the commodity is out of condition or is becoming so. (D) After an agricultural commodity has been sold as authorized unde...

...iculture 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; (...

...ms of all depositors, the director may petition the court of common pleas of the county in which the unlicensed handler is located for the appointment of a receiver to operate or liquidate the business of the unlicensed handler. All necessary expenses incurred by the director or a receiver appointed under this section may be recovered from the unlicensed handler in a separate civil action brought by the director in ...

...ppointed under division (E) of section 926.14 of the Revised Code, of the duties and powers stated in this chapter notwithstanding the existence of an adequate remedy at law.

... licensed handlers shall remit the fee determined by the director in accordance with section 926.17 of the Revised Code on: (1) All agricultural commodities delivered to them for storage under a bailment agreement or for sale, exchange, or negotiation or solicitation of sale by depositors who produced them or caused them to be produced; (2) All agricultural commodities delivered to them for storage under a bailment...

...ommodities on which the fee is to be collected and that are likely to be handled under this chapter. The director shall make any changes in the previous year's fee in accordance with Chapter 119. of the Revised Code. The fee shall become effective on the following first day of June. It shall in no case exceed one-half of one cent per bushel on all agricultural commodities on which the fee is to be paid. (B)(1...

...he depositor shall render all necessary assistance to aid the director in securing the rights granted in this section. No action or claim initiated by the depositor and pending at the time of payment from the fund may be compromised or settled without the consent of the director. (F) If, prior to June 20, 1994, a lawsuit, adversary proceeding, or other legal proceeding is brought against a depositor to recover mon...

...er. (C) If at any time the moneys deposited in the fund, including moneys transferred from the agricultural commodity depositors fund under section 926.16 of the Revised Code, are not sufficient to pay the examination and administrative costs of this chapter, the director shall request an appropriation from the general revenue fund to pay those costs.

...n shall be remitted to the director and credited to the commodity handler regulatory program fund created in division (A) of section 926.19 of the Revised Code in the same manner as other fees collected under that division. (C) All receipts issued by a licensed handler shall be numbered and issued consecutively. (D) Before issuing any receipt, a licensed handler shall file with the director a certified copy of the ...

...original receipt. After the holder has settled any charges that have become due against the agricultural commodity, the handler shall cancel the unexpired receipt and issue a new receipt to the holder. In addition to the information required under section 926.20 of the Revised Code, the new receipt shall contain the serial number and date of issuance of the receipt that it replaces. If a receipt has expired and has ...

...he purposes of division (B) of section 926.13 of the Revised Code. The date of any consolidation, replacement, or renewal receipt shall not be considered. (E) All receipts issued for agricultural commodities stored in special bins for the purpose of preserving identity shall bear the number of the bin and the notation "Special Bin." All divisions or consolidations of receipt shall bear the bin number of the original...

...cate receipt. The bond shall have as surety a corporate surety company that is authorized to do business under the laws of this state. A receipt that is plainly marked "DUPLICATE" is a representation and warranty by the licensed handler that the receipt is an accurate copy of an original receipt properly issued and then canceled on the date of issuance of the duplicate and imposes on him no liability other than his...

...ty. (D) Except as provided in section 926.26 of the Revised Code, when a licensed handler delivers an agricultural commodity for which the handler has issued a negotiable receipt, the negotiation of which would transfer the right to possession of the commodity, and fails to cancel the receipt, the handler is liable to anyone who purchases for value in good faith the receipt for failure to deliver the commodity...

...required under division (B) of section 926.16 of the Revised Code.

...so sold and of any bailment agreement between the handler and the depositor. (D) After the licensed handler has satisfied the handler's lien and after the handler's expenses for advertising have been met, the handler shall forward to the director of agriculture the remaining proceeds of the sale, together with such information concerning the sale and outstanding receipt or receipts as the director requires by ...

... depositors in accordance with section 926.26 of the Revised Code.

...copy of division (A) of this section together with the penalty imposed on the depositor for failure to comply with the requirement for disclosure. The notice shall be in large type that is easily readable for depositors in the conduct of business with the licensed handler.

...tution or a lending agency of the farm credit administration; (b) Short-term investments held in time accounts with state or federally licensed financial institutions or a lending agency of the farm credit administration; (c) Balances in commodity margin accounts; (d) Commodities sold and shipped by the handler under delayed price agreements that have not been priced less any payments or advances that have be...

...hall submit to the director a list of names of individuals who complete the agricultural commodity tester training and continuing education under division (A) of this section. The director shall issue an official grader's identification number to each such individual. The director shall maintain the list along with records of the handler's license.