Ohio Revised Code Search

...the principal place of business of a licensed or unlicensed handler is situated to enforce compliance by the handler with this chapter, or any rule adopted by the director under it, by restraining order or mandatory injunction notwithstanding the existence of an adequate remedy at law; (E) Prescribe all forms, within the limitations set forth in this chapter, including receipts, tickets, contracts, licenses, reports...

...ndler but not yet paid for; (b) Redeposited agricultural commodities; (c) Proceeds from the sale of agricultural commodities due or to become due to the depositor; (d) The equity less any secured financing directly associated therewith in assets in hedging or speculative margin accounts held by commodity or security exchanges or dealers representing the exchanges, and any moneys due or to become due less any ...

... adopted by the director of agriculture under this chapter.

...amended, shall be exempt from sections 926.13, 926.14, 926.16, 926.17, and 926.19 to 926.27 of the Revised Code. Each person licensed under the "United States Warehouse Act" shall annually notify the director, in writing, of his licensing and shall also immediately notify the director, in writing, if his license is suspended or terminated.

...r insolvency that resulted in losses to creditors or to the agricultural commodity depositors fund established in section 926.16 of the Revised Code; (2) The applicant pled guilty to or was convicted of any felony or charge of embezzlement under the laws of this state, any other state, or of the United States; (3) The applicant made a delivery of commodities not authorized under this chapter; (4) The applicant'...

...cense or renewal issued under section 926.05 of the Revised Code who does not conduct business at an address in this state at which the applicant usually can be contacted shall include with the application a written appointment of an agent, sometimes referred to as a "statutory agent," upon whom any process, notice, or demand may be served. The appointment shall be accompanied by a written acceptance of the ap...

... depositors fund created under section 926.16 of the Revised Code for the benefit of any person who may be injured by the handler's failure to meet obligations arising under this chapter. A letter of credit shall be issued for the benefit of the department of agriculture and the agricultural commodity depositors fund. (5) The director shall adopt rules in accordance with Chapter 119. of the Revised Code specif...

... for a handler's license under section 926.05 of the Revised Code who operates a warehouse shall, as a condition to the granting of such license, file or have on file with the director of agriculture a certificate of insurance evidencing an effective policy of insurance issued by an insurance company authorized to do business in this state insuring in the name of the applicant all agricultural commodities which are i...

...rming with the requirements of section 926.07 of the Revised Code.

...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.

...f the Revised Code with respect to a license, certificate, or permit issued pursuant to this chapter.

...ty complete and correct records and accounts of: (1) Agricultural commodities received in the handler's warehouse and withdrawn therefrom; (2) Unissued receipts and tickets in the handler's possession; (3) Receipts and tickets issued by the handler; (4) Receipts and tickets returned to and canceled by the handler; (5) Agricultural commodities handled by the handler recorded on a position record that is updated d...

...ach licensed agricultural commodity handler shall keep posted in a location at the handler's facility where it shall be accessible for observation and reading by persons marketing agricultural commodities the handler's license as an agricultural commodity handler.

...s described in division (E) of section 926.22 of the Revised Code, is out of condition or is in danger of becoming so, and if he is unable to preserve the commodity, he shall immediately so notify the owner of the commodity, if known, and the director of agriculture. The director, unless otherwise requested by the owner of the commodity, shall cause an inspection to be made of the commodity. If his inspection reveal...

...ts 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; (2) Furnish bond as required by the director; (3) Submit to such inspection as the director considers necessary. (B) If the licensed handler f...

...obtains evidence that an unlicensed handler is insolvent or is unable to satisfy the claims 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 rec...

...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.

...nvestment earnings of the fund shall be credited to the fund. The moneys in the fund shall be used exclusively to indemnify depositors as provided in section 926.18 of the Revised Code and to pay the examination and administrative costs of this chapter as provided in division (E) of this section. (B) All licensed handlers shall remit the fee determined by the director in accordance with section 926.17 of the Revised...

...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...

...ed to the depositor for commodities deposited with a licensed handler pursuant to a transaction for which the handler must remit a fee under division (B) of section 926.16 of the Revised Code and that are not recovered through other legal and equitable remedies as follows: (1)(a) The liability of the fund shall equal one hundred per cent of the depositor's loss as determined under division (A)(1) of this section i...

...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 ...

...place an earlier receipt under section 926.22 or 926.23 of the Revised Code is valid for only the remainder of the one-year term of the original receipt that it consolidates or replaces. The holder of a receipt may renew its validity for another term of one year by presenting it, within thirty days prior to the date of its expiration, to the handler who issued the original receipt. After the holder has settled any c...