reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-8.5. Licensing Requirements of Successor Owner

Sec. 8.5. If the ownership of a facility or business licensed under this chapter passes to a successor owner, the obligations under this chapter of the original licensee do not cease until the successor owner is properly licensed and has executed a successor's agreement with the agency.
As added by P.L.125-1997, SEC.27.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-9. Bond, Cash Deposit, or Letter of Credit

Sec. 9. (a) Each applicant for a license under this chapter shall, as a condition of licensure, file or have on file with the director:
(1) a cash deposit;
(2) an irrevocable letter of credit;
(3) a bond; or
(4) any combination of the above;
as provided in section 10 of this chapter.
(b) A bond filed under this chapter shall:
(1) be conditioned upon the faithful performance of all obligations of the licensee under this chapter and the rules adopted under this chapter from the effective date of the bond until the earlier of the date the license is revoked or the bond is canceled as provided in this chapter; and
(2) be further conditioned upon the faithful performance of all obligations from the effective date of the bond and thereafter, regardless of whether the licensee's facility or facilities exist on the effective date of the bond or are thereafter assumed prior to the date the licensee's license is revoked or the bond is canceled as provided in this chapter.
(c) The bond must remain in effect during a violation, a temporary suspension of the licensee's license, or a period during which the licensee is subject to a cease and desist order.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.6; Acts 1975, P.L.277, SEC.6. As amended by Acts 1979, P.L.249, SEC.5; Acts 1982, P.L.155, SEC.8; P.L.191-1991, SEC.6; P.L.125-1997, SEC.28; P.L.173-1999, SEC.5.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-12. Insurance; Filing of Certificate; Settlement With Depositor in Case of Destruction

Sec. 12. (a) Each applicant for a license under this chapter shall, as a condition to the granting of the license, file or have on file a certificate of insurance evidencing an effective policy of insurance issued by an insurance company authorized to do business in Indiana insuring in the name of the applicant all grain that is or may be in the licensee's facilities for its full market value against loss by fire, internal explosion, lightning, and windstorm.
(b) In case fire, internal explosion, lightning, or wind-storm destroys or damages any grain in a licensed facility, the licensee shall, upon demand by the depositor and upon being presented with the receipt or other evidence of ownership, make settlement, after deducting the licensee's charges and advances, at the market value of the grain based on the value at the average price paid for grain of the same grade and quality on the date of the loss at the location of the facility. If a settlement is not made within sixty (60) days from the date of demand, the depositor is entitled to seek recovery from the insurance company.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1975, P.L.277, SEC.8. As amended by P.L.125-1997, SEC.30.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-13. Additional Bond, Cash Deposit, Letter of Credit, or Insurance

Sec. 13. Whenever the director determines that a previously approved bond, letter of credit, cash deposit, or previously approved insurance is insufficient, the director shall require an additional bond, letter of credit, cash deposit, or insurance to be given by the licensee in the form and upon the terms and conditions required by this chapter and rules adopted under this chapter.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.8; Acts 1975, P.L.277, SEC.9. As amended by Acts 1979, P.L.249, SEC.7; P.L.125-1997, SEC.31.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-14. Cancellation of Bond or Insurance; Approval; Notice; Suspension of License

Sec. 14. (a) A licensee may not cancel an approved bond or approved insurance unless the director has given prior written approval for the cancellation and has received a substitute cash deposit or has approved a substitute bond or insurance. The surety on a bond may cancel a bond required by this chapter only after the expiration of ninety (90) days from the date the surety mailed a notice of intent to cancel, by registered or certified mail, to the director. An insurance company may cancel insurance required by this chapter only after the expiration of a thirty (30) day period from the mailing, by certified mail, of notice of intent to cancel, to the director. The surety and the insurance company shall, at the time of giving notice to the director, send a copy of the notice to the licensee.
(b) Notwithstanding any other provision of this chapter, the license of a licensee shall automatically be suspended for failure to:
(1) file a new bond, letter of credit, or cash deposit within the ninety (90) day period as provided in this section;
(2) file new evidence of insurance within the thirty (30) day period as provided in this section; or
(3) maintain at all times a bond or cash deposit and insurance as provided in this chapter.
The suspension shall continue until the licensee complies with the bonding and insurance requirements of this chapter.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by Acts 1979, P.L.249, SEC.8; P.L.125-1997, SEC.32.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-15. Grain Inventories; Sufficiency for Outstanding Warehouse Receipts or Other Storage Obligations

Sec. 15. (a) A licensee shall maintain inventories of sufficient quantity and grade of grain to meet the licensee's storage obligations.
(b) Inventories representing grain evidenced by outstanding warehouse receipts shall be maintained in the warehouse shown on the warehouse receipt issued by the warehouse in which the grain was originally deposited.
(c) Inventories representing storage obligations other than those evidenced by warehouse receipts may be represented by:
(1) receipts for grain stored in a facility licensed under this chapter;
(2) receipts in a warehouse licensed and bonded under the warehouse act; or
(3) other warehouse receipts or tickets as approved by the director.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.9. As amended by Acts 1979, P.L.249, SEC.9; P.L.125-1997, SEC.33.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-16. Maintenance of Minimum Net Worth

Sec. 16. (a) A licensee shall have and maintain a current asset to current liability ratio of one to one (1:1) and shall maintain, as evidenced by the financial statement required by section 6 of this chapter, the following minimum positive net worth:
(1) For a grain bank, minimum positive net worth is at least one hundred thousand dollars ($100,000).
(2) For a warehouse, minimum positive net worth is at least equal to the sum of:
(A) one hundred thousand dollars ($100,000); and
(B) ten cents ($0.10) multiplied by the bushel storage capacity of the warehouse.
(3) For a grain buyer, minimum positive net worth is:
(A) one hundred thousand dollars ($100,000); or
(B) five cents ($0.05) multiplied by the total number of bushels of grain purchased by the grain buyer during the grain buyer's most recent fiscal year;
whichever is greater.
(4) For a buyer-warehouse that has a bushel storage capacity of less than one million (1,000,000) bushels or purchases less than one million (1,000,000) bushels of grain per year, minimum positive net worth is:
(A) the sum of:
(i) one hundred fifty thousand dollars ($150,000); and
(ii) ten cents ($0.10) multiplied by the bushel storage capacity of the buyer-warehouse; or
(B) five cents ($0.05) multiplied by the total number of bushels of grain purchased by the buyer-warehouse during the buyer-warehouse's most recent fiscal year;
whichever is greater.
(5) For a buyer-warehouse that has a bushel storage capacity of at least one million (1,000,000) bushels or purchases at least one million (1,000,000) bushels of grain per year, minimum positive net worth is:
(A) the sum of:
(i) two hundred thousand dollars ($200,000); and
(ii) ten cents ($0.10) multiplied by the bushel storage capacity of the buyer-warehouse; or
(B) five cents ($0.05) multiplied by the total number of bushels of grain purchased by the buyer-warehouse during the buyer-warehouse's most recent fiscal year;
whichever is greater.
(b) Except as provided in section 10 of this chapter, if a licensee is required to show additional net worth to comply with this section, the licensee may satisfy the requirement by adding to the amount of the bond, letter of credit, or cash deposit required under section 10 of this chapter an amount equal to the additional net worth required or provide another form of surety as permitted under the rules of the agency.
(c) The director may adopt rules under IC 4-22-2 to provide that a narrative market appraisal that demonstrates assets sufficient to comply with this section may satisfy the minimum positive net worth requirement.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by Acts 1979, P.L.249, SEC.10; P.L.125-1997, SEC.34; P.L.253-1997(ss), SEC.26; P.L.173-1999, SEC.7; P.L.64-2009, SEC.8; P.L.60-2015, SEC.11.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-16.6. Procedures

Sec. 16.6. The procedures established by this chapter also apply when the director learns or has reason to believe that a person is doing business as a grain buyer, operating a warehouse, or acting as a buyer-warehouse without the license required by this chapter.
As added by Acts 1982, P.L.155, SEC.11. Amended by P.L.191-1991, SEC.9; P.L.139-1996, SEC.10; P.L.125-1997, SEC.36; P.L.173-1999, SEC.9.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-16.7. Appeals

Sec. 16.7. (a) A licensee or claimant subject to the director's action may appeal under IC 4-21.5-3 from orders issued by the director under section 16.5 or 17.1 of this chapter.
(b) A licensee or claimant may request an appeal under IC 4-21.5-3 not more than fifteen (15) days after being served with the director's findings.
(c) If a licensee or claimant requests an appeal under IC 4-21.5-3, the director shall designate:
(1) an administrative law judge to preside over the appeal; and
(2) an ultimate authority for purposes of the appeal in accordance with IC 4-21.5-3.
As added by P.L.145-2017, SEC.7.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-17. Repealed

Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.10. Repealed by Acts 1979, P.L.249, SEC.18.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-17.5. Notice of Suspension or Revocation of License; Notice of Denial of Application

Sec. 17.5. (a) Whenever the license of a licensee is suspended or revoked, the director shall:
(1) for each facility operated by the licensee, publish a public notice in a newspaper of general circulation that serves the county in which the facility is located; and
(2) cause notice of the suspension or revocation to be posted at the facilities covered by the license.
(b) Whenever an application for licensure under this chapter is denied, the director may:
(1) for each facility operated by the applicant, publish a public notice in a newspaper of general circulation that serves the county in which the facility is located; and
(2) cause notice of the denial to be posted at the applicant's facilities.
(c) A notice posted under this section may not be removed without the written permission of the director.
(d) The director shall adopt rules under IC 4-22-2 to determine the content of the notices required by this section.
As added by P.L.125-1997, SEC.39. Amended by P.L.60-2015, SEC.12.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-18. Revocation, Expiration, or Suspension of License; Effect Upon Operation

Sec. 18. (a) When a license is revoked, the licensee shall terminate in the manner prescribed by the director all arrangements covering the grain in the facility covered by the license, but shall be permitted, under the direction and supervision of the director or the director's designated representative, to deliver grain previously received.
(b) During any suspension of a license, the licensee may, under the direction and supervision of the director or the director's designated representative, operate the facility, but shall not incur any additional obligations to producers.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.11. As amended by Acts 1979, P.L.249, SEC.13; Acts 1982, P.L.155, SEC.12; P.L.191-1991, SEC.11; P.L.125-1997, SEC.40.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-19. Receipt of Grain; Ownership of Deposited Grain

Sec. 19. (a) A licensee shall issue a receipt or ticket for grain received. Grain received by a licensee shall be credited to the depositor on the books of the licensee within seven (7) days from the date of its delivery. If a ticket is issued on delivery of the grain for storage, a receipt shall be issued on demand, but no receipt shall be issued on grain bank grain.
(b) The licensee is a bailee with respect to all stored grain. The person whose name appears on a receipt or a ticket has title to the stored grain evidenced by the receipt or ticket.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by Acts 1979, P.L.249, SEC.14; Acts 1982, P.L.155, SEC.13; P.L.125-1997, SEC.41.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-20. Grain Owned by Licensee; Receipts; Transfer

Sec. 20. A licensee may issue a receipt for grain owned by the licensee in whole or in part, located in the licensee's facility. The negotiation, transfer, sale, or pledge of the receipt shall not be defeated by reason of the licensee's ownership.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by P.L.3-1989, SEC.150; P.L.125-1997, SEC.42.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-21. Uniform Warehouse Receipts Act; Application to Transactions

Sec. 21. Except as provided by this chapter, and regardless of whether the grain was received for storage, shipping, or handling, IC 26-3-2 applies to all transactions involving or incidental to the issuance, negotiation, transfer, sale, endorsement, or other dealings with receipts, to transactions involving delivery or other disposition of grain, and to the rights, duties, liabilities, and privileges of licensees or others dealing with licensees.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by Acts 1982, P.L.155, SEC.14; P.L.125-1997, SEC.43.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-22. Commingling of Grain

Sec. 22. Different lots of the same type of grain delivered to a licensee may be commingled by type of grain unless the receipt or ticket states that the identity of the lot of grain is to be preserved.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by P.L.125-1997, SEC.44.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-23. Return of Grain to Depositor

Sec. 23. Upon demand, after payment of all applicable charges, grain shall be returned to the depositor at the licensed facility where the grain was received unless agreed otherwise in writing.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.12. As amended by P.L.125-1997, SEC.45.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-24. Duplicate Receipts; Restriction; Requisites; Bond

Sec. 24. While a receipt or ticket issued under this chapter is outstanding and uncancelled by the issuing licensee, no other receipt or ticket shall be issued for the grain or any part of the grain that is covered by the receipt or ticket. However, if a receipt or ticket is lost, stolen, or destroyed the owner of the receipt or ticket is entitled to a new receipt that is a duplicate of the missing receipt or a new ticket that is a substitute for the missing ticket. The duplicate receipt or substitute ticket entitles the owner to all rights appertaining to the document for which it was issued, and shall state that it is in lieu of the former receipt or ticket and give the number and date of the former receipt or ticket. If the missing document was a negotiable receipt, the issuing licensee shall require an indemnity bond of double the market value of the grain covered by the missing receipt in a form and with the surety that the director may prescribe to fully protect all rights under the missing receipt.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by P.L.125-1997, SEC.46.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-25. Terms of Receipts

Sec. 25. Every warehouse receipt issued, whether paper or electronic, shall embody within its terms the following:
(1) The type, grade, and quantity of the grain stored as established by the official grain standards of the United States, unless:
(A) the identity of the grain is preserved in a special pile or special bin or otherwise; and
(B) a mark identifying the preserved grain appears on the face of the receipt.
(2) A statement that the receipt is issued subject to the Indiana Grain Buyers and Warehouse Licensing and Bonding Law, IC 26-3-7, and rules adopted under the Indiana Grain Buyers and Warehouse Licensing and Bonding Law.
(3) A clause that reserves to the licensee the right to terminate storage and collect outstanding charges against any lot of grain that remains in storage after June 30 following the date of the receipt.
(4) A clause that reserves to the licensee the right to terminate storage, shipping, and handling arrangements and collect outstanding charges upon the revocation of the licensee's license.
(5) Other terms and conditions as provided in the Uniform Warehouse Receipts Acts. However, nothing contained in the Uniform Warehouse Receipts Act shall require a receipt issued for grain to specifically state the variety of the grain by name.
(6) A clause that terminates storage on the date the license held by the licensee when the receipt was issued expires and reserves to the licensee the right to collect outstanding charges against any lot of grain.
(7) Other provisions prescribed by the director.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.13. As amended by P.L.125-1997, SEC.47; P.L.173-1999, SEC.11.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-26. Terms of Tickets

Sec. 26. Every ticket issued shall embody within its terms:
(1) the name of the licensee to whom the grain was delivered;
(2) the date the grain was delivered;
(3) exact information concerning the type, net weight, and grade factors of the grain received;
(4) a statement that the grain described in the ticket is to be taken into storage, is being delivered on contract, or is to be sold under other arrangements;
(5) the name of the owner of the grain; and
(6) other provisions prescribed by the director.
The director may adopt rules under IC 4-22-2 to exempt certain types of grain from these requirements.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1975, P.L.277, SEC.10. As amended by Acts 1982, P.L.155, SEC.15; P.L.125-1997, SEC.48; P.L.173-1999, SEC.12.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-26.5. Deferred Pricing Agreement; Conditions; Penalties

Sec. 26.5. (a) Beginning after July 1, 2022, a licensee may not:
(1) enter into a deferred pricing agreement in connection with grain purchases that extends beyond the crop year for the delivered grain; or
(2) transfer the deferred pricing agreement to a new contract beyond the crop year for the delivered grain.
(b) If the deferred pricing agreement in connection with a grain purchase was entered into before July 1, 2021, the licensee shall complete the licensee's payment obligations to the seller under the agreement before January 1, 2024. The determined price date of a deferred pricing agreement shall be:
(1) the determined price date set forth in the deferred pricing agreement, if that date occurs before January 1, 2024;
(2) if subdivision (1) does not apply, a determined price date that is mutually agreed to by the licensee and the seller; or
(3) if subdivisions (1) and (2) do not apply, the date on which the licensee completes the licensee's payment obligations to the seller.
(c) If the director or director's designated representative determines that the licensee has not complied with this section, the director shall issue a notice stating that the licensee has thirty (30) days to price grain for the initial deferred pricing agreement.
(d) If a licensee fails to price grain within thirty (30) days of the notice in subsection (c), the director may impose a fine on the licensee of not more than one thousand dollars ($1,000). Fines collected under this section must be deposited in the grain buyers and warehouse licensing agency license fee fund established by section 6.3 of this chapter.
(e) Notwithstanding section 17.1 of this chapter, if a licensee fails to price grain within sixty (60) days of the date of the notice in subsection (c), the director may impose a fine on the licensee of not more than two thousand five hundred dollars ($2,500) per month until the licensee is in compliance with this section.
As added by P.L.208-2021, SEC.6.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-27. Repealed

Formerly: Acts 1973, P.L.268, SEC.1. As amended by Acts 1982, P.L.155, SEC.16. Repealed by P.L.125-1997, SEC.57.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-28. Records and Accounts; Retention

Sec. 28. A licensee shall keep in a place of safety complete and correct records and accounts pertaining to the licensee’s grain business. The licensee shall retain records and accounts for not less than six (6) years from the date of the final settlement of the transaction.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.14. As amended by P.L.125-1997, SEC.49.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-29. Display of License or Permit; Schedule of Charges; Sign

Sec. 29. A licensee shall:
(1) conspicuously display the licensee's license in the licensee's main office and at each facility included under the license;
(2) conspicuously display in each operational office the approved schedule of charges for services; and
(3) conspicuously display at each facility all charts and diagrams provided to the facility by the agency.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.15. As amended by Acts 1982, P.L.155, SEC.17; P.L.125-1997, SEC.50.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-30. Receipt Forms; Requests; Cost; Requisites for Accountability

Sec. 30. All receipt forms shall be supplied by the director except where the director, in writing, approves the form and gives permission to a warehouse operator to have receipts printed. Requests for receipts shall be on forms furnished by the director and shall be accompanied by payment to cover the estimated cost of printing, packaging, and shipping, as determined by the director. Where privately printed, the printer shall furnish the director an affidavit showing the amount of the receipts printed, and the serial numbers thereof. All receipts remaining unused shall be recovered by the director or the director's designated representative if the license required by this chapter is terminated or suspended.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.16. As amended by P.L.173-1999, SEC.13; P.L.64-2009, SEC.9.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-31. Grain Shortages; Appointment of Receiver; Notice of Actions and Orders

Sec. 31. (a) Whenever it appears to the satisfaction of the director that a licensee cannot meet the licensee's outstanding grain obligations owed to depositors, or when a licensee refuses to submit the licensee's records or property to lawful inspection, the director may give notice to the licensee to do any of the following:
(1) Cover the shortage with grain that is fully paid for.
(2) Give additional bond, letter of credit, or cash deposit as required by the director.
(3) Submit to inspection as the director may deem necessary.
(b) If the licensee fails to comply with the terms of the notice within five (5) business days from the date of its issuance, or within an extension of time that the director may allow, the director may petition the circuit court, superior court, or probate court of the Indiana county where the licensee's principal place of business is located seeking the appointment of a receiver. If the court determines in accordance with IC 32-30-5 that a receiver should be appointed, upon the request of the licensee the court may appoint the agency or its representative to act as receiver. The agency or its representative shall not be appointed as receiver except upon the request of the licensee. If the agency or its representative is appointed, any person interested in an action as described in IC 32-30-5-2 may after twenty (20) days request that the agency or its representative be removed as receiver. If the agency or its representative is not serving as receiver, the receiver appointed shall meet and confer with representatives of the agency regarding the licensee's grain related obligations and, before taking any actions regarding those obligations, the receiver and the court shall consider the agency's views and comments.
(c) The director shall inform the corporation of any:
(1) notice or order issued; or
(2) action taken;
under this section.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.17. As amended by Acts 1979, P.L.249, SEC.15; P.L.125-1997, SEC.51; P.L.1-1998, SEC.139; P.L.173-1999, SEC.14; P.L.2-2002, SEC.80; P.L.84-2016, SEC.115; P.L.145-2017, SEC.10.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-32. Injunctions; Unlawful Removal of Grain; Temporary Restraining Orders

Sec. 32. (a) The director may apply for, and the courts of this state are vested with jurisdiction to issue, a temporary or permanent injunction against the business operation of a licensee, or the issuance of receipts or tickets without a license and against interference by any person with the director, the director's designated representative, or a receiver appointed under section 31 of this chapter, in the performance of their duties and powers under this chapter.
(b) Upon a determination by the director that there is reasonable cause to believe that a licensee is unable to meet the licensee's storage or other grain obligations, and that the licensee is removing, or the director has reasonable cause to believe that the licensee may remove, grain from the licensed premises, the director may, under the conditions provided in, and in accordance with, the Indiana Rules of Trial Procedure, seek from the circuit court, superior court, or probate court of the Indiana county in which the licensee has the licensee's principal place of business a temporary restraining order preventing the further sale or movement of any grain and requiring that proceeds from grain sales received after the issuance of the temporary restraining order should be held in the form in which they are received by the licensee and kept separate from all other funds held by the licensee.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.18. As amended by Acts 1979, P.L.249, SEC.16; Acts 1982, P.L.155, SEC.18; P.L.191-1991, SEC.12; P.L.125-1997, SEC.52; P.L.84-2016, SEC.116.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-33. Examination of Warehouse; Fee; Expenses

Sec. 33. In addition to all other inspections and investigations authorized by this chapter, the director or the director's designated representative may, upon request of any person having an interest in grain in a licensed warehouse, cause the warehouse to be examined. The director or the director's representative may check the outstanding receipts and tickets against the grain on hand and advise each depositor of any shortage with respect to any grain in which the person has an interest. If the cost of the examination is more than twenty-five dollars ($25.00), the person requesting the examination shall pay the additional cost to the director unless a shortage is found to exist.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.19. As amended by P.L.125-1997, SEC.53.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-35. Grain Buyer License Required

Sec. 35. A person licensed under the warehouse act must also have a valid grain buyer license to do business in Indiana as a grain buyer.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by P.L.191-1991, SEC.13; P.L.125-1997, SEC.55.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-36. Deposit of Fees

Sec. 36. All fees received by the director under this chapter shall be deposited within thirty (30) days of receipt.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by Acts 1979, P.L.17, SEC.53; P.L.139-1996, SEC.12.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-0.5. "Electronic Mail"

Sec. 0.5. As used in this chapter, "electronic mail" means the transmission, by use of a computer or through other electronic means, of information or a communication that is sent to a person identified by a unique address.
As added by P.L.144-2014, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-1. "Default"

Sec. 1. As used in this chapter, "default" means the failure of a renter to perform, in a timely fashion, any duty imposed by section 10 of this chapter or by a rental agreement.
As added by P.L.265-1987, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-2. "Emergency"

Sec. 2. As used in this chapter, "emergency" means any sudden, unexpected occurrence or circumstance at or near a self-service storage facility that requires immediate action to avoid injury to persons or property at or near the self-service storage facility.
As added by P.L.265-1987, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-3. "Last Known Address"

Sec. 3. As used in this chapter, "last known address" means the postal address or electronic mail address provided to the owner by the renter:
(1) for the purposes of the latest rental agreement; or
(2) in a written notice of a change of postal address or electronic mail address after the latest rental agreement.
As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014, SEC.2.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-4. "Rented Space"

Sec. 4. As used in this chapter, "rented space" means the individual storage space at a self-service storage facility that is rented to a renter under a rental agreement.
As added by P.L.265-1987, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-5. "Renter"

Sec. 5. As used in this chapter, "renter" means:
(1) a person who is entitled to the use of a rented space in a self-service storage facility under a rental agreement; or
(2) the sublessee, successor, or assignee of a person described in subdivision (1).
As added by P.L.265-1987, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-6. "Owner"

Sec. 6. As used in this chapter, "owner" means:
(1) the owner, operator, lessor, or sublessor of a self-service storage facility;
(2) the agent of a person described in subdivision (1); or
(3) any person authorized by a person described in subdivision (1) to manage a self-service storage facility or to receive rent from a renter under a rental agreement.
As added by P.L.265-1987, SEC.1. Amended by P.L.5-1988, SEC.140.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-7. "Personal Property"

Sec. 7. As used in this chapter, "personal property" means movable property not affixed to land. The term includes goods, wares, merchandise, household items, motor vehicles, trailers, and watercraft.
As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014, SEC.3; P.L.93-2023, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-8. "Rental Agreement"

Sec. 8. As used in this chapter, "rental agreement" means any written agreement or lease that establishes or modifies the terms under which a renter may store personal property in a rented space in a self-service storage facility.
As added by P.L.265-1987, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-9. "Self-Service Storage Facility"

Sec. 9. As used in this chapter, "self-service storage facility" means any real property designed and used for the renting of space under a rental agreement that provides a renter access to rented space for the storage and retrieval of personal property.
As added by P.L.265-1987, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-9.5. "Verified Mail"

Sec. 9.5. As used in this chapter, "verified mail" means any method of mailing that:
(1) is offered by the United States Postal Service or a private delivery service; and
(2) provides evidence of mailing.
As added by P.L.144-2014, SEC.4.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-9.8. Designation of Alternative Contact

Sec. 9.8. In addition to the statement required by section 11(c) of this chapter, a rental agreement under this chapter must include space for the renter to designate an alternative contact to receive notices required by this chapter. The failure or refusal of a renter to designate an alternative contact does not affect a renter's or an owner's rights or remedies under this chapter or under any other law. An alternative contact designated by a renter does not have any rights to:
(1) access the rented space; or
(2) the personal property stored in the rented space;
unless expressly stated otherwise in the rental agreement.
As added by P.L.93-2023, SEC.2.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-10. Entry of Owner Into Rented Space

Sec. 10. A renter, upon a reasonable request from the owner, shall allow the owner to enter a rented space for the purpose of:
(1) inspection;
(2) repair;
(3) alteration;
(4) improvement; or
(5) providing other services that are necessary or were agreed to by the renter.
If an emergency occurs, an owner may enter a rented space for any purpose set forth in this section without notice to or consent from the renter.
As added by P.L.265-1987, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-11. Lien of Owner of Facility Upon Personal Property; Priority; Attachment; Required Statement in Rental Agreement

Sec. 11. (a) The owner of a self-service storage facility has a lien upon all personal property present in the self-service storage facility for:
(1) rent, labor, or other charges that accrue in connection with the personal property under the rental agreement, including any:
(A) late fee imposed under section 11.5(a) of this chapter; and
(B) rent collection costs or expenses described in section 11.5(b)(1) of this chapter;
(2) expenses necessary for the preservation of the personal property; and
(3) expenses reasonably incurred in the sale or other disposition of the personal property under this chapter, including any lien enforcement costs or expenses described in section 11.5(b)(2) of this chapter.
(b) The lien described in subsection (a) is superior to any other lien or security interest, except for:
(1) a lien or security interest perfected before any sale or other disposition of the personal property; and
(2) any tax lien, as provided by law.
(c) The lien described in subsection (a) attaches on the date on which personal property is placed in a rented space. Every rental agreement must contain a statement in bold type notifying the renter of the existence of the lien and of the method by which the owner may enforce the lien under this chapter.
As added by P.L.265-1987, SEC.1. Amended by P.L.36-2018, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-11.5. Late Fee for Renter's Default; Owner's Recovery of Costs and Expenses of Rent Collection and Lien Enforcement

Sec. 11.5. (a) For each month a renter is in default under the rental agreement, an owner may impose and collect a late fee that does not exceed the greater of the following:
(1) Twenty dollars ($20).
(2) Twenty percent (20%) of the monthly rent.
(b) In addition to a late fee authorized under subsection (a), an owner may recover from a renter all reasonable costs and expenses of:
(1) rent collection; and
(2) lien enforcement;
incurred by the owner as a result of the renter's default.
As added by P.L.36-2018, SEC.2.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-13. Redemption of Personal Property

Sec. 13. Before any sale or other disposition of the personal property under this chapter, the renter may redeem the personal property by paying the owner an amount sufficient to satisfy the owner's lien. Upon the payment of this amount, the owner shall immediately return the personal property to the renter. After returning the personal property under this section, the owner has no liability to any person with respect to the personal property.
As added by P.L.265-1987, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-14. Sale of Personal Property; Advertisement; Notice of Other Disposition

Sec. 14. (a) After the expiration of the time stated in the owner's notice under section 12(c)(2) of this chapter, if the personal property has not been otherwise disposed of in a manner described in section 12(c)(7)(A)(ii) or 12(c)(7)(B) of this chapter, an owner enforcing the owner's lien shall prepare for a sale of the personal property under this section.
(b) Except as otherwise permitted under subsection (c), the owner shall cause an advertisement of sale to be published one (1) time before the date of the sale in a newspaper of general circulation in the county in which the self-service storage facility is located. The advertisement must include:
(1) a statement that the personal property stored in the renter's rented space will be sold to satisfy the owner's lien;
(2) the address of the self-service storage facility, the number or other designation (if any) of the space where the personal property is located, and the name of the renter;
(3) the manner of the sale; and
(4) the time and place of the sale, as applicable.
(c) As an alternative to the publication described in subsection (b), the owner may advertise the sale in any other commercially reasonable manner that is likely to attract at least three (3) independent bidders to the sale. An advertisement by an alternative method permitted under this section must include the information required under subsection (b)(1) through (b)(4).
(d) The sale must be held at least ten (10) days after:
(1) the publication under subsection (b); or
(2) the first publication, transmission, or communication of an advertisement under subsection (c);
as applicable. If, after the publication, transmission, or other communication of notice under this section, the sale of the personal property is not consummated, the owner shall notify the renter in writing at the renter's last known address of the other disposition the owner intends for the property.
As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014, SEC.6.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-15. Sale of Personal Property at Physical Location or Through Internet; Owner as Buyer; Proceeds of Sale

Sec. 15. (a) Any sale of the personal property under this chapter shall be held:
(1) at the self-service storage facility or, if that facility is not a suitable place for a sale, at the suitable place nearest to where the property is held or stored; or
(2) through a publicly accessible Internet web site.
(b) The owner may buy the personal property at any sale under this chapter.
(c) An owner may satisfy the owner's lien from the proceeds of a sale under this chapter. If the proceeds of a sale under this chapter exceed the amount of the owner's lien, the owner shall hold the balance for delivery, upon demand, to the renter. If the renter does not claim the balance of the proceeds within one (1) year after the sale, the balance shall be treated as unclaimed property under IC 32-34-1.5.
As added by P.L.265-1987, SEC.1. Amended by P.L.31-1995, SEC.6; P.L.2-2002, SEC.81; P.L.144-2014, SEC.7; P.L.141-2021, SEC.12.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 8. Self-Service Storage Facilities › 26-3-8-16. Rights and Obligations of Parties; Limit on Value of Property Stored

Sec. 16. (a) This chapter does not impair the power of the parties to a rental agreement to create rights, duties, or obligations that do not arise from this chapter. The rights provided to an owner by this chapter are in addition to all other rights provided by law to a creditor against a debtor.
(b) A rental agreement may specify a limit on the value of personal property that may be stored in a renter's rented space. If a rental agreement specifies a limit on the value of stored personal property under this subsection, the limit specified in the rental agreement is considered the maximum value of the renter's personal property stored in the renter's rented space.
As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014, SEC.8.
2023 Indiana Code › Title 26. Commercial Law › Article 4. Grain Indemnity Program › Chapter 1. Applicability and Definitions › 26-4-1-3. "Agency"

Sec. 3. "Agency" refers to the Indiana grain buyers and warehouse licensing agency established under IC 26-3-7.
As added by P.L.250-1995, SEC.1. Amended by P.L.125-1997, SEC.56.
2023 Indiana Code › Title 26. Commercial Law › Article 4. Grain Indemnity Program › Chapter 1. Applicability and Definitions › 26-4-1-5. "Claimant"

Sec. 5. "Claimant" means a producer that:
(1) is a participant in the grain indemnity program;
(2) possesses a claim resulting from a failure of a licensed grain buyer or warehouse; and
(3) has a claim that has been adjudicated by the agency under IC 26-3-7-16.5.
As added by P.L.250-1995, SEC.1. Amended by P.L.75-2010, SEC.15.
2023 Indiana Code › Title 26. Commercial Law › Article 4. Grain Indemnity Program › Chapter 1. Applicability and Definitions › 26-4-1-5.5. "Conflict of Interest"

Sec. 5.5. "Conflict of interest" means having or representing a person who has a direct or indirect financial interest in a licensee.
As added by P.L.208-2021, SEC.7.
2023 Indiana Code › Title 26. Commercial Law › Article 4. Grain Indemnity Program › Chapter 1. Applicability and Definitions › 26-4-1-6. "Cooperative Agreement"

Sec. 6. "Cooperative agreement" means an agreement made by the board as may be reasonable and proper to carry out the provisions of this article.
As added by P.L.250-1995, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 4. Grain Indemnity Program › Chapter 1. Applicability and Definitions › 26-4-1-10. "Failed" or "Failure"

Sec. 10. "Failed" or "failure" means any of the following:
(1) An inability of a licensee to financially satisfy fully all obligations due a claimant.
(2) A public declaration of a licensee's insolvency.
(3) The nonpayment of a licensee's debts in the ordinary course of business if there is not a good faith dispute.
(4) Revocation or suspension of a licensee's license, if the licensee has outstanding indebtedness owed to claimants.
(5) Voluntary surrender of a licensee's license, if the licensee has outstanding indebtedness to claimants.
(6) Involuntary or voluntary bankruptcy of a licensee.
As added by P.L.250-1995, SEC.1. Amended by P.L.75-2010, SEC.17; P.L.42-2011, SEC.61.
2023 Indiana Code › Title 26. Commercial Law › Article 4. Grain Indemnity Program › Chapter 1. Applicability and Definitions › 26-4-1-11. "Financial Loss"

Sec. 11. "Financial loss" means a loss resulting from a producer not being fully paid for grain that has been delivered and sold to a grain buyer, net of any outstanding charges against the grain.
As added by P.L.250-1995, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 4. Grain Indemnity Program › Chapter 1. Applicability and Definitions › 26-4-1-13. "Grain"

Sec. 13. "Grain" means corn for all uses, popcorn, wheat, oats, rye, soybeans, barley, sorghum, oil seeds, other agricultural commodities as approved by the agency, and seed (as defined in IC 26-3-7-2(28)). The term does not include canning crops for processing or sweet corn.
As added by P.L.250-1995, SEC.1. Amended by P.L.173-1999, SEC.15; P.L.1-2006, SEC.484; P.L.75-2010, SEC.18; P.L.60-2015, SEC.13; P.L.145-2017, SEC.12; P.L.208-2021, SEC.8.
2023 Indiana Code › Title 26. Commercial Law › Article 4. Grain Indemnity Program › Chapter 1. Applicability and Definitions › 26-4-1-14. "Grain Buyer"

Sec. 14. "Grain buyer" means a person licensed under IC 26-3-7 who is engaged in Indiana in the business of buying grain from producers.
As added by P.L.250-1995, SEC.1. Amended by P.L.75-2010, SEC.19.