TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 51

SEED INDEMNITY FUND LAW

22-5113.  Notice of noncompliance — Requirements — Failure to comply — Remedies of department. (1) Whenever a seed buyer is not meeting its obligations to producers, does not have the ability to pay producers, or refuses to submit records and papers to lawful inspection, the department shall give written notice to the seed buyer and direct the seed buyer to comply with all or any of the following requirements:

(a)  The department may require additional security or the posting of a bond in an amount sufficient to satisfy any financial obligation to producers. The additional security may exceed the maximum bonding requirements of this chapter. Failure to timely post the additional bond or other security constitutes grounds for suspension or revocation of a license. The seed buyer may request a hearing regarding the decision to increase the amount of security required or the revocation or suspension of a license and may appeal such decisions pursuant to chapter 52, title 67, Idaho Code.

(b)  Submit to such inspection as the department may deem necessary.

(2)  If the seed buyer fails to comply with the terms of such notice within twenty-four (24) hours from the date of issuance of the notice, or within such further time as the department may allow, the department may petition the district court in the county where the seed buyer’s principal place of business is located, as shown by the license application, for an order, according to section 22-106, Idaho Code.

(3)  The department may give written notice of its action to the seed buyer’s surety.

(4)  The department may require an audited or reviewed financial statement.

(5)  If at any time the department has evidence that the seed buyer is insolvent or is unable to satisfy the claims of producers, the department may petition the district court for the appointment of a receiver to operate or liquidate the business of the seed buyer.

(6)  All court costs, attorney’s fees, other professional fees, and necessary expenses incurred by the department in carrying out the provisions of this chapter may be recovered in any civil action brought by the department.

History:

[22-5113, added 2002, ch. 256, sec. 1, p. 741.]