Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 02 - State Plant Board › Rule 209.02.19-015 - Grain Warehouse Rules

Current through Register Vol. 49, No. 6, June, 2024
RULES ON PUBLIC GRAIN WAREHOUSES IN
				ARKANSAS
(Promulgated and adopted under authority of Act 83 of 1979 -
				The Arkansas Public Grafn Warehouse Law)
Section
			 I.
General Purpose and Intent
The Arkansas Public Grain Warehouse Law charges the State ant
				Board with the responsibility of licensing, auditing and bonding those grain
				warehouses storing grain for a consideration belonging to others and which are
				not licensed with the federal government under the United States Warehouse Act.
				The principal objective and intent of this program is to provide any grain
				owner who wants to store his grain commercially some measure of protection from
				unlawful or fraudulent Warehousing practices.
Section II.
Organization and
			 Designation of Duties
The Arkansas Public Grain Warehouse Program will be
				administered as a Section within the Division of Marketing of the State Plant
				Board. The Director of the Division of Marketing and the Head of the Grain
				Warehouse Section are hereby designated as having the authority and duties as
				assigned the Commissioner in Act 83 of 1979, but these will be carried out
				under the general supervision of the Com-mfssfoner. All proceedings and
				hearings will be conducted in accordance with Act 83 of 1979 and Act 434 of
				1967 as amended (The Administrative Procedures Act.)
Section III.
Licensing, and
			 Bonding
Included In these Rules as Attachment I is the Application Form
				to be used in securing a license under this Act, whether for a new license or
				the renewal of a license. The licensing period shall be from July 1. through
				June 30 of each year.
Each application for a license or license renewal shall be
				accompanied with a financial statement and signed report of a CPA or registered
				public accountant which must be a representation of an examined audit report, a
				review report or a compilation report.
Included in these Rules as Attachment II is the Bond Form that
				Is to be used as part of the requirements of becoming a licensed grain
				warehouse.
Section IV.
Fees
As required by law the fee for a new application is $150.00.
				Subsequent to the issuance of an initial license under this Act, every
				applicant shall pay annual license fee based upon the capacity of the
				warehouse, such fee to be determined by the Commissioner, but not less than two
				hundred fifty dollars ($250.00) or not more than eight hundred dollars
				($800.00).
The fee for the renewal of a license is based on the following
				schedule:
CAPACITY IN BUSIJELS .
Range
LICENSE RENEWALFEES
.
(based on
						  capacity)
1
250,000
$250.00
250,001
500,000
$300.00
500,001
750,000
$400.00
750,001
1,000,000
$500.00
1,000,001
1,200,000
$600.00
1,200,001
1,500,000
$700.00
1,500,001
and over
$800.00
One examination is to be made each year on each licensed grain
				warehouse the cost of which is included in the application fee. Additional
				examinations may be made at any time and at the discretion of the Commissioner.
				If during the additional examinations a material discrepancy is found the
				licensed warehouseman will be required to reimburse the State Plant Board's
				Public Grain Warehouse Section at the rate of $10.00 per man hour for the time
				required to make additional examination.
Section V.
Warehouse Receipts
A. All warehouse receipts whether negotiable
			 or non-negotiable issued by a state licensed public grain warehouse shall be
			 purchased from the Public Grain Warehouse Section of the State Plant Board.
			 When issued the distribution of the copies shall be as follows:
1. Original copy to depositor of grain
			 (white).
2. Second copy to
			 warehouseman (blue).
3. Third copy
			 to the State Plant Board (green).
4. Fourth copy to depositor of grain
			 (yellow).
Each state licensed public grain warehouse shall mail to the
				Plant Board by the 5th of each month, the third copy (green) of all negotiable
				and non-negotiable warehouse receipts issued the previous month.