reglab/housing_qa huggingface dataset:
MT Code § 80-4-408 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-408. Examination of books

  80-4-408. Examination of books. The department is authorized, through its officials, employees, or designated agents, to examine or copy all books, records, papers, and accounts of persons licensed under parts 5 and 6 of this chapter.   History: En. Sec. 8, Ch. 539, L. 1983.
MT Code § 80-4-409 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-409. Confidentiality of records

  80-4-409. Confidentiality of records. All financial statements of warehouse operators and commodity dealers required under the provisions of parts 5 and 6 of this chapter must be kept confidential by the department and are not subject to disclosure except:   (1) upon written permission of the licensee;   (2) in actions or administrative proceedings commenced under the provisions of parts 4 through 7 of this chapter;   (3) when required by subpoena or court order;   (4) when disclosed to law enforcement agencies in connection with the investigation or prosecution of criminal offenses; or   (5) when released to a bonding company approved by the department.   History: En. Sec. 9, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 4, Ch. 76, L. 1997.
MT Code § 80-4-410 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-410. Publication of reports

  80-4-410. Publication of reports. The department may publish the results of any investigation made. It may publish the names and addresses of persons licensed under parts 5 and 6 of this chapter, and it may also publish a list of all licenses terminated under parts 5 and 6 of this chapter and the causes therefor.   History: En. Sec. 10, Ch. 539, L. 1983.
MT Code § 80-4-411 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-411. Employment of assistants

  80-4-411. Employment of assistants. The department is authorized to employ qualified persons not regularly in the service of the state for temporary assistance in carrying out the provisions of parts 4 through 7 of this chapter.   History: En. Sec. 11, Ch. 539, L. 1983.
MT Code § 80-4-412 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-412. through 80-4-414 reserved

  80-4-412 through 80-4-414 reserved.
MT Code § 80-4-415 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-415. Creation of commodity dealer/public warehouse operators account -- deposit of funds

  80-4-415. Creation of commodity dealer/public warehouse operators account -- deposit of funds. (1) There is an account in the state special revenue fund. All revenue received under this chapter must be deposited in the account.   (2) Money received as revenue under this chapter that is not immediately required for the purposes of this chapter must be invested under the provisions of the unified investment program established in Title 17, chapter 6, part 2. All earned interest must be deposited in the account.   History: En. Sec. 16, Ch. 452, L. 1993.
MT Code § 80-4-416 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-416. Deposit of deficiency funds and liquidation funds

  80-4-416. Deposit of deficiency funds and liquidation funds. Revenue based on actual expenses received from the liquidation of commodity dealers and public warehouse operators, as authorized in 80-4-538 and 80-4-612, and from deficiency fees, authorized in 80-4-503, must be deposited in the account established in 80-4-415 and is statutorily appropriated, as provided in 17-7-502, to the department for the purposes of this chapter. Funds deposited under this chapter must be used to pay actual expenses incurred in the liquidation of commodity dealers and public warehouse operators or for the correction of storage deficiencies. Actual expenses include but are not limited to legal fees, court costs, travel expenses, per diem, and communication.   History: En. Sec. 17, Ch. 452, L. 1993.
MT Code § 80-4-417 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-417. and 80-4-418 reserved

  80-4-417 and 80-4-418 reserved.
MT Code § 80-4-419 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-419. Bankruptcy as grounds for cancellation

  80-4-419. Bankruptcy as grounds for cancellation. (1) If a commodity dealer files for bankruptcy, a contract or any part of a contract for delivery of a commodity may be canceled without penalty to the producer if the cancellation involves only the remaining unperformed portions of the contract. A cancellation under this section:   (a) is not a breach of contract;   (b) is allowed even if not explicitly provided for in the contract.   (2) In the event of a cancellation, a commodity dealer remains responsible for payment that is due to the producer for delivered portions of the contract.   History: En. Sec. 1, Ch. 247, L. 2013.
MT Code § 80-4-420 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-420. Producer's lien

  80-4-420. Producer's lien. (1) Agricultural commodities contained on the premises of a public warehouse operator or commodity dealer, including agricultural commodities owned by the warehouse operator or commodity dealer, are subject to a first priority lien in favor of holders of outstanding warehouse receipts, purchase contracts, scale weight tickets, bailment contracts, or any other evidence of storage or sale.   (2) The lien must be preferred to a lien or security interest in favor of a creditor of the warehouse operator or commodity dealer regardless of the time when the creditor's lien or security interest attached to the agricultural commodities. Notice of the lien need not be filed in order to perfect the lien.   (3) The lien is discharged as to agricultural commodities sold by the warehouse operator or commodity dealer to a buyer in the ordinary course of business. The sale does not discharge the lien in favor of an individual holder of outstanding warehouse receipts, purchase contracts, scale weight tickets, bailment contracts, or other evidence of storage or sale on the remaining agricultural commodities on the premises.   History: En. Sec. 18, Ch. 452, L. 1993; amd. Sec. 1, Ch. 177, L. 2003.
MT Code § 80-4-422 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-422. Delayed payment or purchase contracts

  80-4-422. Delayed payment or purchase contracts. (1) A commodity dealer who purchases agricultural commodities by purchase contract shall maintain books, records, and other documents as required by the department to establish compliance with the provisions of this section.   (2) In addition to other required information, a purchase contract must contain or provide for all of the following:   (a) the seller's and purchaser's name and address;   (b) the conditions of delivery;   (c) the amount and kind of agricultural commodities delivered;   (d) the price per unit or basis of value;   (e) the date payment is to be made; and   (f) a notice of financial risk involved in the delayed payment contract, in a form the department shall adopt pursuant to the rulemaking authority provided in 80-4-403.   (3) Title to all agricultural commodities sold by purchase contract is in the purchaser as of the time the agricultural commodities are delivered to and in physical control of the purchaser unless the contract provides otherwise. The contract must be signed by both parties and executed in duplicate. One copy must be retained by the commodity dealer, and one copy must be provided to the seller. Upon revocation, suspension, or termination of a commodity dealer's or warehouse operator's license, the department may advance the payment date for all delayed payment contracts to a date not later than 30 days following the effective date of the revocation, suspension, or termination. When not otherwise provided, the purchase price for all agricultural commodities must be determined as of the effective date of revocation, suspension, or termination in accordance with all other provisions of the contract. However, if the business of the commodity dealer is sold to another licensed commodity dealer, purchase contracts may be assigned to the purchasing commodity dealer.   (4) Any contract that does not satisfy the conditions imposed by this part is considered a sale other than a purchase contract and is subject to the provisions of 80-4-608.   History: En. Sec. 13, Ch. 539, L. 1983; amd. Sec. 1, Ch. 518, L. 1991; amd. Sec. 2, Ch. 452, L. 1993.
MT Code § 80-4-423 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-423. Repealed

  80-4-423. Repealed. Sec. 22, Ch. 76, L. 1997.   History: En. Sec. 14, Ch. 539, L. 1983.
MT Code § 80-4-424 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-424. Director's authority -- investigative hearing

  80-4-424. Director's authority -- investigative hearing. The director may upon the director's own motion, whenever the director has reason to believe a violation has occurred or upon verified complaint of any person in writing, investigate the actions of any person and, if the director finds probable cause, shall notify the person that the person shall appear for an investigative hearing before the director 20 days from receipt of written notice.   History: En. Sec. 15, Ch. 539, L. 1983; amd. Sec. 2576, Ch. 56, L. 2009.
MT Code § 80-4-425 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-425. Action on bond by persons injured -- liability of surety -- statute of limitations

  80-4-425. Action on bond by persons injured -- liability of surety -- statute of limitations. (1) All claims against a bond must be made by and through the department. A person injured by the breach of an obligation for which a bond is given to the department may file a complaint with the department. The department shall then investigate the complaint and determine whether it is valid and whether there are any other outstanding obligations due. If the department finds that there are one or more valid obligations, the department shall make demand upon the warehouse operator or commodity dealer and the commodity dealer's surety for payment. If the payment is not made promptly, the department shall commence an action on the bond to enforce payment. If the department determines that a complaint is without merit, the department shall notify the complainant of that determination in writing. The complainant may then bring a contested case under Title 2, chapter 4, part 6, to the department for a determination of whether the department should pursue the claim against the bond.   (2) If two or more persons are injured by breach of the obligation for which the bond is given and the damages for violating the conditions of the bond exceed the specified amount of the bond, the recovery on the bond must be prorated by the surety among all of those injured.   (3) The liability of a surety under a bond extends to all obligations from commodity dealers' or public warehouse operators' transactions entered into during the year in which the bond was in effect, up to the maximum amount of the bond. Claims must be brought against the bond within 2 succeeding license years.   History: En. Sec. 16, Ch. 539, L. 1983; amd. Sec. 3, Ch. 452, L. 1993.
MT Code § 80-4-426 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-426. Duty to prosecute

  80-4-426. Duty to prosecute. (1) A county attorney who has appropriate jurisdiction and to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecute without delay in a court of competent jurisdiction.   (2) In addition to or exclusive of the remedy in subsection (1), the department may seek a civil penalty for any violation of this part.   History: En. Sec. 17, Ch. 539, L. 1983; amd. Sec. 1, Ch. 79, L. 2019.
MT Code § 80-4-427 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-427. Injunction

  80-4-427. Injunction. If a person without a license is found to have engaged in any business for which a license is required under parts 5 and 6 of this chapter, the court shall enjoin that person from further business until the person has been licensed. It is not necessary that the department show that an individual has been injured by the actions complained of in order to issue the injunction. The procedure for injunctive relief is the same as any other action for an injunction under Title 27. The department may, in its discretion, file the action in the first judicial district court. The injunction provided by this section is an additional remedy to the criminal or civil penalties provided for in 80-4-428.   History: En. Sec. 18, Ch. 539, L. 1983; amd. Sec. 141, Ch. 370, L. 1987; amd. Sec. 4, Ch. 452, L. 1993; amd. Sec. 2, Ch. 79, L. 2019.
MT Code § 80-4-428 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-428. Penalty for operating without license -- misrepresentation

  80-4-428. Penalty for operating without license -- misrepresentation. (1) A person acting as a warehouse operator or a commodity dealer without a license or in any way representing by action or words that the person is a warehouse operator or a commodity dealer when not licensed violates the provisions of Title 80, chapter 4, parts 5 and 6, is guilty of a felony, and is punishable by imprisonment for not more than 10 years or by a fine of not more than $10,000, or both.   (2) A person who issues or aids in the issuance of a fraudulent receipt for any commodity is guilty of a felony and is punishable by imprisonment for not more than 10 years or by a fine of not more than $10,000, or both.   (3) A person who knowingly submits false information to or who knowingly withholds information from the department when that information is required to be submitted is guilty of a felony.   (4) (a) A person who violates any provision of this section is subject to an administrative civil penalty of not more than $100,000 for each transaction in violation.   (b) The department shall establish by rule a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and other matters necessary for the administration of civil penalties under this subsection (4). The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6. The department shall adopt the rules within 3 months of July 1, 2019. The department may not enforce penalties provided for in this section until the rules are adopted.   (c) Funds received in the form of civil penalties must be deposited in the general fund.   History: En. Sec. 19, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 2577, Ch. 56, L. 2009; amd. Sec. 3, Ch. 79, L. 2019.
MT Code § 80-4-429 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-429. Penalty

  80-4-429. Penalty. (1) Except as otherwise provided, a person who violates any provision of parts 4 through 7 of this chapter or rules promulgated under parts 4 through 7 or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the director or an authorized representative in the performance of a duty under parts 4 through 7 of this chapter is guilty of a misdemeanor.   (2) A person who refuses to permit inspection of licensed premises, books, accounts, records, or other documents required by parts 4 through 7 of this chapter or who uses a scale weight ticket or purchase contract that fails to satisfy the requirements of parts 4 through 7 of this chapter is guilty of a misdemeanor.   (3) A person acting as a commodity dealer or warehouse operator who knowingly sells warehouse-receipted agricultural commodities that the person is not authorized to sell or who fails to pay for purchased agricultural commodities is guilty of a felony.   (4) A person exempted from licensure as a commodity dealer under the provisions of 80-4-402(5)(b)(vi) who fails to pay in full all amounts due to a producer for the sale of agricultural commodities is guilty of a felony and is also subject to any additional administrative penalty authorized by this chapter.   (5) A person is guilty of a felony if that person knowingly delivers to a commodity dealer or warehouse operator or upon the exercise of reasonable diligence should have known of the delivery to that person of an agricultural commodity that contains:   (a) a nitrogen fertilizer added to harvested grain;   (b) a poisonous, deleterious, or other substance not registered or approved by federal or state statutes, regulations, or rules; or   (c) a registered or approved substance that has not been used or applied according to label directions or other government standards.   (6) (a) A person who violates any provision of this section is subject to an administrative civil penalty of not more than $100,000 for each transaction in violation.   (b) The department shall establish by rule a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and other matters necessary for the administration of civil penalties under this subsection (6). The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6. The department shall adopt the rules within 3 months of July 1, 2019. The department may not enforce penalties provided for in this section until the rules are adopted.   (c) Funds received in the form of civil penalties must be deposited in the general fund.   History: En. Sec. 20, Ch. 539, L. 1983; amd. Sec. 2, Ch. 299, L. 1991; amd. Sec. 5, Ch. 452, L. 1993; amd. Sec. 2, Ch. 337, L. 1995; amd. Sec. 6, Ch. 76, L. 1997; amd. Sec. 2, Ch. 168, L. 2001; amd. Sec. 4, Ch. 79, L. 2019.
MT Code § 80-4-430 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 4. Agricultural Commodities Generally|80-4-430. Director's enforcement action

  80-4-430. Director's enforcement action. Title 80, chapter 4, parts 4 through 7, may not be construed to require the director or the director's authorized representative to report for prosecution or for the institution of civil action a violation if the director or the representative believes that the public interest will best be served by a suitable warning.   History: En. Sec. 21, Ch. 539, L. 1983; amd. Sec. 2578, Ch. 56, L. 2009.
MT Code § 80-4-501 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-501. License necessary to operate public warehouse

  80-4-501. License necessary to operate public warehouse. (1) A person may not act as a warehouse operator without first having obtained an annual license from the department. This requirement and other requirements in parts 4 through 6 that regulate the activities of a warehouse operator do not apply to operators of warehouses that are federally licensed under the United States Warehouse Act. However, if a federally licensed warehouse operator engages in business as a commodity dealer, the provisions of parts 4 through 7 apply to the commodity dealer activity.   (2) If a warehouse operator operates two or more warehouses in the same city or immediately adjacent to the city or in the same immediate area, in conjunction with each other and with the same workforce, if one set of books and records is kept for all the warehouses, cash slips, scale weight tickets, and warehouse receipts, and if checks of one series are used for agricultural commodities stored in the warehouse, only one warehouse operator's license is required for the operation of all the warehouses.   History: En. Sec. 22, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 7, Ch. 76, L. 1997.
MT Code § 80-4-502 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-502. Licenses to warehouse operator -- issuance -- renewal -- conditions precedent

  80-4-502. Licenses to warehouse operator -- issuance -- renewal -- conditions precedent. (1) The department is authorized to issue or renew, upon application, a license to any warehouse operator for the conduct of a warehouse or warehouses in accordance with parts 5 and 6 of this chapter, provided the following conditions are met:   (a) Each applicant shall file and maintain satisfactory evidence of an effective policy of insurance issued by an insurance company authorized to do business in this state, insuring all agricultural commodities that are stored in the warehouse, including agricultural commodities owned by the warehouse operator. The insurance must insure the commodities for the full market value at the time of loss of the commodities against loss by fire, internal explosion, lightning, or tornado.   (b) Each warehouse must be found suitable for the proper storage of the particular agricultural commodity stored in the warehouse.   (c) A license fee must be submitted to the department as prescribed by 80-4-503.   (d) A current drawing of the warehouse, showing storage facilities and capacity of the warehouse, must be submitted to the department.   (e) A sufficient and valid bond must be filed and maintained as required by 80-4-504 and 80-4-505.   (f) (i) Except as provided in subsection (1)(f)(ii), the applicant has submitted to the department a current financial statement prepared by a certified public accountant according to generally accepted accounting principles, showing that the applicant has and maintains positive working capital.   (ii) An applicant without positive working capital may provide the department with additional bonding, or an equivalent in the form of a certificate of deposit or irrevocable letter of credit, in the amount of $2,000 for each $1,000 of deficit. The bond or equivalent required in this subsection (1)(f)(ii) is in addition to the bond amount required in 80-4-505.   (g) The applicant must submit a sample warehouse receipt and subsequent revisions to the department for approval and filing.   (h) The applicant must have complied with the terms of this part and the rules prescribed thereunder.   (2) All documents required for renewal of a license must be received by the department prior to the expiration date of the warehouse license. An expired warehouse license may be reinstated by the department upon receipt of all required licensing documents and a penalty fee of $50 if the documents are filed within 30 days from the date of expiration of the warehouse license. All license applications received after the 30-day penalty period must be considered original applications and an initial license fee must be assessed according to 80-4-503.   History: En. Sec. 23, Ch. 539, L. 1983; amd. Sec. 1, Ch. 157, L. 1989; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 4, Ch. 175, L. 2011; amd. Sec. 22, Ch. 169, L. 2015.