reglab/housing_qa huggingface dataset:
CA Food & Agri Code § 56183 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56183.

56183.  The application shall in each case state all of the following:(a) Every class of farm products which the applicant proposes to handle.(b) The full name of the person that is applying for such license. If the applicant is a firm, exchange, association, or corporation, the full name of each member of the firm, or the names of the officers of the exchange, association, or corporation shall be given in the application.(c) The principal business address of the applicant in this state and elsewhere.(d) The name of each person authorized to receive and accept service of summons and legal notices of all kinds for the applicant.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 56183.5 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56183.5.

56183.5.  (a) An initial application, at a minimum, shall include the following:(1) A release authorizing the department, during consideration of the application and for the duration of licensure, to have access to and obtain financial information from both of the following:(A) The applicant’s files with credit reporting agencies.(B) The applicant’s files with banks, savings and loan associations, or any other financial institutions with whom the applicant has done business in the past or with whom the applicant intends to do business during the year of licensure.(2) A notice signed by the applicant that the department may obtain criminal record information during the course of a licensing investigation or upon presentation with a reasonable basis to believe the licensee has been convicted of a crime. An applicant whose application is incomplete shall be given written notice that a failure to complete it within 60 calendar days shall result in denial of the application.(b) The documents and information procured pursuant to this section shall be considered the records of a consumer and shall not be construed to be a public record. The documents and information shall remain confidential, except in actions brought by the department to enforce this division, or as a result of the issuance of a subpoena in accordance with Section 1985.4 of the Code of Civil Procedure. The unauthorized release of the documents received from the Department of Justice or the information contained in those documents is a misdemeanor.(c) The department shall adopt regulations that specify the proper and necessary information and supporting documentation the department requires for an application to be considered complete.(Amended by Stats. 1999, Ch. 198, Sec. 4. Effective January 1, 2000.)
CA Food & Agri Code § 56184 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56184.

56184.  In addition to the general requirements which are applicable to all applications as set forth in this article, the following requirements shall apply to each applicant who engages in the designated activity:(a) Each applicant who intends to engage in business as a commission merchant shall include a complete schedule of commissions, together with an itemized listing of all charges for all services. Such designated commissions and charges shall not be changed or varied except by written contract between the parties. If changed by a written contract, such charges shall be clearly set forth in detail in such written contract. Any services which are rendered for which charges are made, if not listed in the schedule on the application, shall be rendered on a strictly cost basis.(b) Each application for an agent’s license shall include such information as the director may consider proper or necessary, and shall include the name and address of applicant, and the name and address of the licensee that is represented or sought to be represented by the agent, and the written endorsement or nomination of such licensee.(Amended by Stats. 1971, Ch. 915.)
CA Food & Agri Code § 56185 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56185.

56185.  The department shall accept or deny an application within 90 calendar days of receipt of a completed application. The department may deny, condition, suspend, or revoke a license issued pursuant to this chapter upon any of the following grounds and in the manner provided in this chapter:(a) Upon one flagrant violation, as determined by the department, or upon repeated violations, by the holder or applicant, of any one or combination of the sections of this division or under any one or combination of the regulations promulgated by the department under the authority of this division.(b) Upon one flagrant violation, as determined by the department, or upon repeated violations, by a holder’s or applicant’s agent, employee, or contractor, or of an organization or entity in which the holder or applicant holds a significant financial interest, of any one or combination of the sections of this division or any one or combination of the regulations promulgated under this division under circumstances where the holder or applicant knew or should have known and failed to take reasonable measures to prevent the violation or failed to report the violation to the department upon learning of the violation.(c) Upon the conviction of the holder or applicant of a crime that includes as one of its elements the financial victimization of another person. However, if the licensee was licensed prior to January 1, 1998, and the department knew of, or was on notice of, the conviction, that conviction may not form the basis of a disciplinary action under this subdivision.(d) On the grounds of a false or misleading statement by a holder or applicant that the holder or applicant knew or should have known to be false or misleading, directed to any official of any government concerning the scope of any indicia of authority, including, but not limited to, the holder’s or applicant’s license associated with the holder’s or applicant’s business, the standards under which the indicia was authorized, the contents of the application for licensure, or the holder’s or applicant’s relationship to the indicia.(e) On the grounds that a holder or applicant, or a holder’s or applicant’s agency, employee, or contractor, or an organization or entity in which a holder or applicant holds a significant financial interest, deceived a grower in any material matter. Deception, for purposes of this subdivision, does not require scienter, but requires active misrepresentation where the actor knew the representation to be false or where the actor should have known, with due consideration, that he or she did not know whether or not the representation was true or false.(Repealed and added by Stats. 1997, Ch. 696, Sec. 53. Effective January 1, 1998.)
CA Food & Agri Code § 56185.5 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56185.5.

56185.5.  (a) The Legislature finds there to be a substantial nexus between the conduct specified in Section 56185 and an applicant’s or holder’s fitness for licensure.(b) The department shall not dismiss an action where a violation, however minor, has been established. The department shall not dismiss an action because the applicant or holder establishes factors in mitigation.(c) However, the department may impose discipline other than denial or revocation of the license. As an alternative to revocation of a license, the department may stay a revocation subject to terms for a period of probation. As an alternative to denial the department may issue a license subject to conditions. Terms of probation or terms of conditional licensure may include, but are not limited to, a requirement of restitution, payment for extra audits, immediate revocation on a new violation, or any other terms that respond to the particular violations or circumstances found.(d) Once a finding of a violation has been made, the department may consider the following factors in assessing the appropriate level of discipline:(1) The relative isolation or infrequency of the conduct.(2) Whether the conduct was a part of a pattern or practice.(3) Whether the actor had been warned before.(4) Whether the actor considered the consequences of the conduct.(5) Whether the actor reasonably relied on others.(6) The severity of the consequences.(7) The mens rea of the actor.(8) In the case of a criminal conviction, evidence of rehabilitation.(9) The total licensing history.(e) The following factors shall not be considered in assessing the appropriate level of discipline:(1) The social or economic contributions of the applicant or holder.(2) General testimonials as to good character and worthiness to be licensed.(3) Economic hardship on the licensee.(4) “Mercy of the court” pleas in connection with criminal convictions, pattern or practice violations, or deception.(5) In the case of a felony criminal conviction, the department shall not consider rehabilitation unless the convicted person has a valid certificate of rehabilitation.(Added by Stats. 1997, Ch. 696, Sec. 54. Effective January 1, 1998.)
CA Food & Agri Code § 56185.75 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56185.75.

56185.75.  (a) If an application for a license indicates, or the department determines during the application review process, that the applicant was issued a license that was revoked within the preceding two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation. The cessation of review shall not constitute a denial of the application for the purposes of this chapter, or any other provision of law.(b) If an application for a license indicates, or the department determines during the application review process, that the applicant had previously applied for a license and the application was denied within the last year, the department shall cease further review of the application until 30 days have elapsed from the date of the notification of the denial or from the effective date of the decision and order of the department upholding a denial. The cessation of review shall not constitute a denial of the new applicant for purposes of this chapter, or any other provision of law.(c) Nothing in subdivision (a) or (b) prohibits the department from taking into account the basis for denial or revocation in considering any new application subsequent to the elapse of the applicable period of prohibition.(Amended by Stats. 1999, Ch. 198, Sec. 5. Effective January 1, 2000.)
CA Food & Agri Code § 56186 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56186.

56186.  The department shall require the applicant to make a showing of character, responsibility, and good faith in seeking to carry on the business that is stated in the application, and may make investigations, hold hearings, and make determinations respecting such matters.(Amended by Stats. 1997, Ch. 696, Sec. 56. Effective January 1, 1998.)
CA Food & Agri Code § 56186.5 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56186.5.

56186.5.  A license is forfeited by operation of law prior to its expiration date when one of the following occurs:(a) The holder surrenders the license to the department.(b) The holder dies.(c) The partnership holder dissolves.(d) The holder of a significant financial interest in a corporation transfers his or her interest to another person or entity, regardless of relationship.(e) The holder files for bankruptcy under provisions other than those permitting and governing reorganization under bankruptcy.(Added by Stats. 1997, Ch. 696, Sec. 57. Effective January 1, 1998.)
CA Food & Agri Code § 56186.75 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56186.75.

56186.75.  (a) The withdrawal of an application for a license after it has been filed with the department does not deprive the department of its authority to institute or continue a proceeding against the applicant or to enter an order denying the license, unless the department consents in writing to such a withdrawal.(b) The expiration or forfeiture by operation of law of a license, or its forfeiture or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, does not deprive the department of its authority to institute or continue a disciplinary proceeding against the holder upon any ground provided by law or to enter an order revoking the license or otherwise taking disciplinary action against the holder.(c) Any action brought by the department against an applicant or holder does not abate by reason of the sale or other transfer of ownership of the business that is a party to the action, except with the written consent of the department.(d) Nothing in this division or in any other provision of this code deprives the department of the authority to settle or adjudicate a disposition of a case other than by revocation or denial. The department or the department’s designee may compromise with the applicant or holder in a written stipulation and order. The department may, following a hearing, order probation on terms and conditions as determined by the department. The authority conferred by this subdivision shall include, but not be limited to, the authority to order payment of amounts determined owing, the authority to dismiss an action on the department’s own initiative, the authority to order administrative penalties, the authority to order a respondent to pay for heightened audit scrutiny, the authority to suspend a license for a period of years, or any combination of remedies other than final revocation or denial of a license.(Added by Stats. 1997, Ch. 696, Sec. 58. Effective January 1, 1998.)
CA Food & Agri Code § 56189 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56189.

56189.  Any person who is adjudicated liable for payment of a claim for farm products that arose out of the conduct of a business licensed or requiring a license under this chapter or Chapter 6 (commencing with Section 55401), and who has not made full settlement with all producer-creditors, shall not be licensed by the director as a principal for four years from the date of the adjudication.(Amended by Stats. 1987, Ch. 662, Sec. 14.)
CA Food & Agri Code § 56189.2 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56189.2.

56189.2.  In addition to the other requirements of this chapter, each application for a license, except for a cash buyer’s license, shall include an affidavit in which the applicant affirms that he or she is current in making all payments required under undisputed contract agreements, and that he or she will do all of the following:(a) Abide by all provisions of this chapter and Chapter 6 (commencing with Section 55401).(b) Will prepare and retain financial records adequate to document all transactions with suppliers.(c) Will prepare and retain current financial information, including, but not limited to, profit-and-loss statements and a balance sheet that presents fairly the financial condition as of the applicant’s most recent yearend.The affidavit shall be on a form prescribed by the secretary and shall be submitted under penalty of perjury.(Added by renumbering Section 56189 (as renumbered from 56252 by Stats. 1997, Ch. 696) by Stats. 2010, Ch. 382, Sec. 5. (AB 2240) Effective January 1, 2011.)
CA Food & Agri Code § 56189.5 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56189.5.

56189.5.  (a)  Licensees or applicants for a license shall be required to furnish and maintain a surety bond in a form and amount satisfactory to the director, if within the preceding four years the director determines that they have done any of the following:(1) Engaged in conduct which demonstrates a lack of financial responsibility including, but not limited to, delinquent accounts payable, judgments of liability, insolvency, or bankruptcy.(2) Failed to assure future financial responsibility unless a surety bond is posted.(3) Otherwise violated this chapter which resulted in license revocation.(b) The bond shall not be less than ten thousand dollars ($10,000) or 20 percent of the annual dollar volume of business based on farm product value returned to the grower, whichever is greater, as assurance that the licensee’s or applicant’s business will be conducted in accordance with this chapter and that the licensee or applicant will pay all amounts due farm products creditors.(c) The director, based on changes in the nature and volume of business conducted by the licensee, may require an increase or authorize a reduction in the amount of the bond, but in no case shall the bond be reduced below ten thousand dollars ($10,000). A licensee who is notified by the director to provide a bond in an increased amount shall do so within a reasonable time as specified by the director. If the licensee fails to do so, the director may, after notice and opportunity for hearing, suspend or revoke the license of any licensee.(Added by Stats. 1987, Ch. 662, Sec. 15.)
CA Food & Agri Code § 56193 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56193.

56193.  Each licensee shall post his license or a copy of it in his office or salesroom in plain view of the public.(Amended by Stats. 1971, Ch. 915.)
CA Food & Agri Code § 56194 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56194.

56194.  The director shall issue to any individual or member of a partnership, a card which specifies that he or his firm is licensed. The licensee shall show such card upon the request of any interested person.(Amended by Stats. 1976, Ch. 632.)
CA Food & Agri Code § 56195 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56195.

56195.  The director may also issue to each agent a separate card for each principal which the agent represents, which shall bear the signature of the agent. Any agent shall show the card upon the request of any interested person. Any agent that displays a void or expired license card is guilty of a misdemeanor, punishable as provided in Section 56631 of this chapter.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 56196 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 4 - Licenses|Section 56196.

56196.  All indicia of the possession of a license are at all times the property of this state. Each licensee is entitled to the possession of them only for the duration of the license.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 56251 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 6 - Financing Charges and Financial Statements|Section 56251.

56251.  A licensee that finances, lends money, or otherwise makes advances of money or credits to another licensee may not deduct from the proceeds of any farm product which is marketed, sold, or otherwise handled by him on behalf of or for the account of the licensee to whom such money, loans, advances or credits are made, an amount which exceeds a reasonable commission or brokerage, together with the usual and customary selling charges or costs of marketing, or both. He may not otherwise divert to his own use or account or in liquidation of such loans, advances, or credits the moneys, returns, or proceeds accruing from the sale, handling, or marketing of any farm product which is handled by him on behalf of or for the account of the licensee to whom or for whom such loans, advances, or credits are made.(Amended by Stats. 1971, Ch. 915.)
CA Food & Agri Code § 56252.2 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 6 - Financing Charges and Financial Statements|Section 56252.2.

56252.2.  (a) If the director is not satisfied that an applicant or licensee is financially responsible, the director may, in lieu of denying, suspending, or revoking the license, accept an irrevocable guarantee of the obligations of the licensee to all California farm products creditors. The guarantee shall be for any periods and in any amounts that the director may from time to time require. The director may, as a condition of accepting and maintaining the guarantee, require the guarantor to supply financial information to the director at times and to the extent the director deems advisable.(b) A guarantee placed with the director pursuant to subdivision (a) shall support an action in a court of competent jurisdiction by a farm products creditor for obligations of the licensee to the creditor and by a state officer for the obligations of the licensee to the state related to transactions subject to the guarantee.(Added by Stats. 1987, Ch. 662, Sec. 17.)
CA Food & Agri Code § 56253 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 7 - Produce Dealers|ARTICLE 6 - Financing Charges and Financial Statements|Section 56253.

56253.  The secretary may require a licensee to file a balance sheet or statement of financial position that presents fairly the financial condition of such licensee. Such financial statement, if not prepared by a public accountant or certified public accountant, shall be on a form prescribed by the secretary and shall be submitted under penalty of perjury. Any balance sheet submitted that does not provide the information required by the secretary shall not meet the requirements of this section. Failure of a licensee to file a financial statement pursuant to this section shall be sufficient grounds for license revocation.(Amended by Stats. 1996, Ch. 620, Sec. 16. Effective January 1, 1997.)