TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 51

SEED INDEMNITY FUND LAW

22-5117.  License denial. (1) Any seed buyer against whose bond a claim has been ordered collected or has actually been collected shall not be licensed by the department for a period of three (3) years from the date of such order or collection. License denial may be waived if the person can show, to the satisfaction of the director, that full settlement of all claims against the bond have been made. Full settlement does not include seed indemnity fund settlements. A change in a person’s business name shall not absolve any unsettled claim against that person’s prior bond.

(2)  The director may deny the issuance or renewal of a license to an applicant after a public hearing and based on the following criteria:

(a)  The applicant failed or refused to make prior claimants whole due to a previous failure;

(b)  The applicant misrepresented material facts in the application for a license;

(c)  The industry required to pay into the seed indemnity fund presents relevant objections; or

(d)  Any material fact provided by a seed producer that demonstrates license denial would serve the best interest of the public.

(3)  Any person adversely affected by the director’s final determination may secure judicial review as prescribed under the provisions of chapter 52, title 67, Idaho Code.

History:

[22-5117, added 2002, ch. 256, sec. 1, p. 743; am. 2018, ch. 153, sec. 1, p. 311.]