Title 2, Chapter 9, Section 34
( 2-9-34)
(a) Before any license is issued, the applicant shall make and
deliver to the Commissioner a surety bond in the amount of 20
percent of the average of the highest dollar volume of grain
purchases from producers made in any single month for each of the
three preceding calendar years or such shorter period of years as
the applicant has done business as a grain dealer, provided that the
minimum amount of such bond shall be $20,000.00 and the maximum
amount of such bond shall be $150,000.00. If a licensed grain
dealer operates his or her grain-dealing activities at more than one
physical location, he or she shall furnish a surety bond for each
location of grain-dealing activities, each bond to be computed as
stated in this Code section and each bond to be subject to the
minimum and maximum amounts stated in this Code section. The bonds
shall be executed by a surety corporation authorized to transact
business in this state and approved by the Commissioner. Any and
all bond applications shall be accompanied by a certificate of "good
standing" issued by the Commissioner of Insurance. If any company
issuing a bond shall be removed from doing business in this state,
it shall be the duty of the Commissioner of Insurance to notify the
Commissioner of Agriculture within 30 days. Such bonds shall be
upon forms prescribed by the Commissioner and shall be conditioned
to secure the faithful accounting for and payment to the producers
or their agents or representatives of the proceeds of all grain
handled or sold by such dealer. Whenever the Commissioner shall
determine that a previously approved bond has for any cause become
insufficient, the Commissioner may require an additional bond or
bonds to be given, conforming with the requirements of this Code
section. Unless the additional bond or bonds are given within the
time fixed by written demand therefor, or if the bond of a dealer is
canceled, the license of such person shall be immediately revoked by
operation of law without notice or hearing. (b) In lieu of a surety bond, the Commissioner may accept a cash
bond which shall be subject in all respects to the same claims and
actions as would exist against a surety bond. (c) If the surety bond or cash bond of a licensed grain dealer is
canceled, the license of such grain dealer shall immediately be
revoked by operation of law without notice or hearing. |