reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.8 - Financial Statements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
New license applicants.
To obtain a grain dealer license, an
			 applicant shall submit a financial statement that shall:
a. Be prepared within three months from the
			 date of filing and comply with subrule 91.8(2), paragraph
"a"
or
"b";
or
b. Be
			 prepared as of the applicant's usual fiscal year and comply with subrule
			 91.8(2), paragraph
"a "
or
"b, "
and the
			 applicant has continuously been in business for one year or more and the
			 applicant has submitted any additional financial information required by the
			 bureau; or
c. Be a forecasted
			 financial statement prepared by a certified public accountant licensed in this
			 state and the applicant is a new business entity that is in the process of
			 transferring funds into the business entity. An applicant who files a
			 forecasted financial statement pursuant to this paragraph shall file a
			 financial statement which complies with subrule 91.8(2),
			 paragraph
"a"
or
"b, "
within one month after
			 the date the license is issued by the bureau.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.10 - Payment

Current through Register Vol. 47, No. 3, July 24, 2024
Payment for grain shall be made as provided by Iowa Code
				section
				203.8. When a dealer has
				failed to make payment on demand of the seller and the failure has Corne to the
				attention of the bureau, the bureau chief shall request the dealer to make
				payment within 24 hours. The request may be made verbally and confirmed by
				ordinary mail. The bureau chief may require the dealer to make payment with a
				cashier's check or money order if there is any evidence of financial
				instability. Absent a dispute between buyer and seller, the license may be
				suspended if the dealer fails to make timely payment as requested by the bureau
				chief. An insufficient funds check or failed electronic funds transfer shall
				not constitute payment under this rule.
This rule is intended to implement Iowa Code sections
				203.2
				and
				203.8.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.12 - Assignment of Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
Upon cancellation, expiration, suspension or revocation of the
				license, credit-sale contracts may be assigned to another grain dealer licensed
				under Iowa Code chapter 203 unless strictly prohibited in the terms of the
				credit-sale contract. The assignee shall notify all affected producers in
				writing of the assignment. A copy of the assignment shall be forwarded to the
				bureau showing the contracts assigned and to whom they are assigned within 30
				days of cancellation, expiration, suspension or revocation of the license. All
				credit-sale contracts shall be paid for or reassigned within 30 days of
				cancellation, expiration, or revocation of the license. This rule is intended
				to implement Iowa Code sections
				203.2
				and
				203.15.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.13 - Filing of Monthly Grain Statement and Reports

Current through Register Vol. 47, No. 3, July 24, 2024
A grain statement shall be prepared at the close of business at
				the end of each calendar month and filed with the bureau by the tenth of the
				following month. The grain statement shall be on a form or in a format
				prescribed by the bureau. The bureau shall furnish forms to the dealer upon
				request. A grain statement shall be filed for each calendar month regardless of
				whether or not the dealer has conducted any business during that period.
The bureau may require the dealer to file other types of
				reports, and the dealer shall file with the bureau any such report requested by
				the bureau within the time period as is specified by the bureau.
This rule is intended to implement Iowa Code section
				203.2.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.14 - Notice to the Warehouse Bureau

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 bureau shall be notified in writing prior to:
a. Change of ownership of the grain
			 dealer
b. Change of name or
			 business address of the grain dealer
c. Change of the grain dealer's fiscal year
			 end.
d. The ceasing of
			 operations.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.15 - Shrinkage Due to Moisture

Current through Register Vol. 47, No. 3, July 24, 2024
A person who, in connection with the receipt of grain for
				storage, processing or sale, adjusts the scale weight of the grain to
				Cornpensate for the moisture content of the grain; or to Cornpensate for losses
				to be incurred during the handling, processing, or storage of the grain shall
				do so in accordance with the provisions of Iowa Code section
				203.20.
This rule is intended to implement Iowa Code section
				203.20.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.16 - Requirements for Class 2 Licensees

Current through Register Vol. 47, No. 3, July 24, 2024
A Class 2 licensee whose purchases from producers during the
				fiscal year exceed $500,000, and who is thereby required by Iowa Code section
				203.3
				to apply for a Class 1 license, shall file the application with the bureau
				within 30 days after the purchases exceed $500,000.
This rule is intended to implement Iowa Code section
				203.3.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.17 - Requirements for Licensees Authorized to Issue Credit-sale Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Financial statements
-
audit or bond or irrevocable
			 letter of credit. A
grain dealer shall not purchase grain by a
			 credit-sale contract until the licensee Cornplies with paragraph
"a
			 "
or
"b. "
If the grain dealer elects to be authorized
			 to issue credit-sale contracts under paragraph
"b, "
the grain
			 dealer shall also Cornply with rule
			 21-91.8
			 (203).
a. Financial statements filed pursuant
			 to this rule shall be acCornpanied by an unqualified opinion based upon an
			 audit performed by a certified public accountant licensed in this state. The
			 bureau may accept a qualification in an opinion that is unavoidable by any
			 audit procedure. Opinions that are qualified because of the limited audit
			 procedure or because the scope of an audit is limited shall not be accepted by
			 the bureau. A sole proprietor who desires to be authorized to issue credit-sale
			 contracts shall file a financial statement on the proprietorship business which
			 is acCornpanied by an unqualified opinion based upon an audit performed by a
			 certified public accountant licensed in this state, and shall file a personal
			 financial statement which conforms with the provisions of subrule
			 91.8(3).
b. The grain dealer bond
			 or irrevocable letter of credit filed pursuant to this rule shall be in the
			 amount of $100,000 payable to the department. Bonds or irrevocable letters of
			 credit shall be on the forms prescribed and furnished by the bureau.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.18 - Department of Agriculture and Land Stewardship Enforcement Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The bureau shall follow a step-by-step enforcement policy to
				ensure consistent Cornpliance with and application of this chapter The
				department recognizes that violations of certain rules may have more serious
				ramifications; thus, the enforcement of those rules requires stricter policies.
				The enforcement policies apply to any violation of this chapter unless
				enforcement provisions are specifically addressed in a particular rule or
				subrule.
(1) If it is necessary to
			 establish proof of a violation of statute or rule, the bureau shall conduct a
			 special investigation of the licensee. The bureau may contact the licensed
			 grain dealer, the grain dealer's employees, or any other interested party to
			 gain information for the investigation. The bureau, in its investigation of a
			 licensee, may cause a special examination to occur if evidence of at least one
			 of the following conditions is present:
a.
			 Insufficient funds check, or failed electronic funds transfer
b. Stalled payment for grain.
c. Quantity deficiency.
d. Quality deficiency.
e. InCornplete or inaccurate records as
			 specified in rule 91.11(203).
The expense of such special examination shall be based on
				actual costs incurred by the bureau and may be assessed to the licensee. The
				costs shall include the labor, travel and any other additional costs incurred
				by the bureau. Payment shall be made as directed by the bureau.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.19 - Review Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
A grain dealer licensee or applicant may file a formal written
				Cornplaint with the department if the licensee or applicant contests the
				finding or decision of the bureau chief Any such Cornplaint shall be resolved
				in contested case proceedings conducted pursuant to the applicable provisions
				of 21-Chapter 2.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.20 - Prioritization of Inspections of Grain Dealers

Current through Register Vol. 47, No. 3, July 24, 2024
Licensees with a probability of failure factor greater than 40
				percent, as calculated by the statistical model, shall be examined at least
				twice in an 18-month period.
This rule is intended to implement Iowa Code section
				203.22.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.21 - Claims Against Credit-sale Contract Bond

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Persons who may file
			 claims
-
time of filing.
These rules are applicable
			 only in those instances where a bond has been filed to satisfy Iowa Code
			 section
			 203.15. If
			 a bond is on file with the department, a seller may file a claim with the
			 bureau for satisfaction of a loss under the grain dealer's bond. A claim shall
			 not be filed prior to the incurrence date, which is the earlier of the
			 following:
a. The revocation, termination, or
			 cancellation of the license of the grain dealer; or
b. The filing of a petition in bankruptcy by
			 a grain dealer
To be timely, a claim shall be filed within 120 days of the
				incurrence date.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.22 - Electronic Grain Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to the provisions of this chapter, a licensee may issue
				electronic grain contracts using its own Cornputer system or may contract with
				an independent provider to issue electronic grain contracts. If the licensee
				contracts with an independent provider, rules
				21-91.22
				(203) through
				21-91.26
				(203) shall apply. If the licensee issues electronic grain contracts using its
				own Cornputer system, rules
				21-91.22
				(203),
				21-91.25
				(203) and
				21-91.26
				(203) shall apply.
This rule is intended to implement Iowa Code sections
				203.2
				and
				203.17.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.23 - Electronic Grain Contract Providers and Provider Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
A provider shall be independent of any outside influence or
				bias in action or appearance. A provider shall enter into a provider agreement
				with the department prior to being approved by the department. A provider shall
				issue and maintain electronic grain contracts only on behalf of licensees who
				contract with the provider for those services. The provider agreement shall be
				subject to, but not be limited to, the provisions of subrules 91.23(1) through
				91.23(7).
(1)
Provider to he
			 approved by the USDA.
No provider shall be approved by the department
			 unless the provider is first approved as a provider of "other electronic
			 documents" by the USDA pursuant to the provisions of 7 CFR Part 735. Upon
			 department request, a provider shall provide a copy of the provider's executed
			 USDA Form WA-490 and any addenda, and any other documentation requested by the
			 department to confirm that the provider is a USDA-approved provider in good
			 standing.
(2)
USDA action
			 against providers.
In the event that the USDA shall take action to
			 deny, withdraw, suspend, reinstate or terminate a USDA provider agreement, the
			 department shall automatically take the same action and the provider shall be
			 subject to such action by the department. A provider shall notify the
			 department of any such actions taken by the USDA.
(3)
Notice requirements for
			 providers.
a. When entering into a
			 new user agreement, a provider shall provide written notice to the
			 department.
b. All notices to the
			 USDA required by 7 CFR Part 735 and by the USDA provider agreement shall also
			 be served upon the department except as specifically exempted in the provider
			 agreement.
c. In the user
			 agreement, a provider shall include a notice to the licensee that the data on
			 the provider's central filing system is subject to disclosure to the department
			 and the USDA.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.24 - Electronic Grain Contract Users and User Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to engaging in the issuance of electronic grain
				contracts, a licensee shall enter into a user agreement with a provider
				approved by the department. All electronic grain contracts issued by the
				licensee shall be issued through and filed in the provider's electronic central
				filing system. The use of electronic grain contracts is subject to the
				provisions of subrules 91.23(1) through 91.23(5).
(1)
Licensee to use only one
			 provider. A
licensee shall issue electronic grain contracts through
			 only one provider
(2)
Changing providers.
Subject to the provisions of a user
			 agreement in effect, a licensee may change providers once per year The provider
			 shall follow the transfer terms specified in USDA Form WA-490 and any addenda
			 pursuant to subrule 91.23(1). The licensee shall notify the department of a
			 change in provider
This rule is intended to implement Iowa Code sections 203.2 and
				203.17.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.25 - Electronic Grain Contracts-issuance and Form

Current through Register Vol. 47, No. 3, July 24, 2024
Electronic grain contracts shall Cornply with the provisions of
				Iowa Code chapters 203 and 554D.
(1)
Agreement to conduct electronic transactions. A
licensee or
			 the licensee's provider shall maintain Cornplete and sufficient records to show
			 agreement between the grain seller and the licensee to conduct electronic grain
			 contract transactions. The records shall be presented to the department for
			 inspection upon request. An electronic grain contract shall be capable of being
			 printed or stored by both the licensee and the grain seller
(2)
Electronic signatures.
Sufficient security procedures shall be used by a licensee or the licensee's
			 provider to reasonably ascertain that the electronic grain contract signature
			 is the act of the grain seller The security procedures shall be subject to the
			 review of and approval by the department. A seller shall be allowed to sign an
			 electronic grain contract only at the conclusion of all electronic grain
			 contract terms and conditions.
(3)
Numbering of electronic contracts
-
no
			 duplication.
Electronic grain contracts shall be consecutively
			 numbered as issued. A licensee shall not at any time have an electronic grain
			 contract and a paper grain contract outstanding for the same lot of
			 grain.
(4)
Seller power of
			 attorney. A
licensee or a third party may not handle electronic grain
			 contracts on behalf of a seller unless a written power of attorney to do so has
			 been provided by the seller Such power of attorney shall be provided to the
			 department for inspection and verification upon the department's
			 request.
(5)
Issuance,
			 form, cancellation, and assignment of electronic credit-sale
			 contracts.
The provisions for issuance, cancellation, and assignment
			 of credit-sale contracts found in rules
			 21-91.11 (203)
			 and
			 21-91.12
			 (203) shall apply to electronic credit-sale contracts except to the extent that
			 the rules are not applicable to paperless credit-sale contracts.
(6)
Authorization to issue electronic
			 credit-sale contracts. A
licensee who issues electronic credit-sale
			 contracts shall Cornply with all requirements of rule
			 21-91.17
			 (203).
(7)
Nonexclusive
			 use.
A licensee shall not be required to issue grain contracts in
			 electronic form.
This rule is intended to implement Iowa Code sections 203.2,
				203.15, 203.17, 554D.106, 554D.110 and 554D.111.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.26 - Security of a Provider's Electronic Central Filing System or a Licensee's Electronic Database

Current through Register Vol. 47, No. 3, July 24, 2024
Only authorized employees of the licensee shall have access to
				the provider's central filing system or the licensee's electronic database. A
				provider shall prevent unauthorized persons from gaining access to its central
				filing system. If a licensee uses its own Cornputer database, the licensee
				shall maintain a backup of the database to ensure electronic grain contracts
				are not inadvertently lost.
This rule is intended to implement Iowa Code sections
				203.2
				and
				203.17.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 92 - Participation in Grain Indemnity Fund › Rule 21-92.1 - Mandatory Participation in Fund

Current through Register Vol. 47, No. 3, July 24, 2024
All grain dealers and warehouse operators shall participate in
				the grain depositors and sellers indemnity fund (the fund) through the
				remission of the fees required in rule
				21-92.2 (203D).
				Failure to participate shall result in license suspension or revocation. As
				used in this chapter, "grain dealer" shall mean a licensed grain dealer
				pursuant to Iowa Code section
				203.3
				and "warehouse operator" shall mean a licensed warehouse operator pursuant to
				Iowa Code section
				203C.6.
				"Licensee" shall mean either a licensed grain dealer or a licensed warehouse
				operator
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 92 - Participation in Grain Indemnity Fund › Rule 21-92.2 - Required Fees

Current through Register Vol. 47, No. 3, July 24, 2024
Until the amounts are amended or waived by the grain indemnity
				fund board pursuant to Iowa Code section
				203D.5,
				in accordance with Iowa Code chapter 17A, fees shall be assessed as
				follows:
(1) A per-bushel fee on all
			 purchased grain, in an amount of one-quarter cent per bushel, remitted by grain
			 dealers. However, if the grain dealer provides documentation satisfactory to
			 the department, the following transactions shall be excluded from the
			 per-bushel fee:
a. Grain purchased from the
			 United States government or any of its subdivisions or agencies.
b. Grain purchased from a person licensed as
			 a grain dealer in any jurisdiction.
c. Grain purchased under a credit-sale
			 contract.
d. Grain entered in the
			 company-owned paid position as a cancellation of a collateral warehouse
			 receipt.
e. Grain entered in the
			 company-owned paid position as an intracompany location transfer.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 92 - Participation in Grain Indemnity Fund › Rule 21-92.3 - New License Applicants

Current through Register Vol. 47, No. 3, July 24, 2024
Persons applying for a new grain dealer license or warehouse
				operator license shall pay a full annual participation fee in accordance with
				Iowa Code sections
				203D.3
				A and 203D.5. This payment shall be made without regard to whether or not the
				grain indemnity fund board has otherwise waived or adjusted the per-bushel or
				participation fees for licenses. Payment of the fees shall be made before a new
				license is issued. A participation fee paid by an applicant shall be refunded
				if the license is not issued by the department. A participation fee paid by a
				grain dealer applicant shall be recalculated by the end of the first state
				fiscal quarter after Cornpletion of the grain dealer's first year of operation.
				The grain dealer participation fee shall be recalculated based upon all actual
				purchased grain entered into the Cornpany-owned paid position in the dealer's
				first year of operation. However, redemptions of collateral warehouse receipts
				entered in the Cornpany-owned paid position shall not be considered as a
				purchase. Underpayments shall be paid by the licensee in accordance with rule
				21-92.4
				(203D), and overpayments shall be refunded by the department.
This rule is intended to implement Iowa Code sections
				203D.3A and
				203D.5.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 92 - Participation in Grain Indemnity Fund › Rule 21-92.4 - Due Date for Payment of the Per-bushel and Participation Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Quarterly payments.
The per-bushel fee and the participation
			 fee installment payment established in Iowa Code section
			 203D.3A, as adjusted by rule
			 21-92.2 (203D), and
			 the quarterly report are due, except as provided in subrule 92.4(2), on the
			 fifteenth day of the fiscal month succeeding the fiscal quarter in which the
			 fee accrued. The fiscal quarters are as follows: July 1 through September 30;
			 October 1 through December 31; January 1 through March 31; and April 1 through
			 June 30.
(2)
Payments for
			 licensees out of business.
If a grain dealer or warehouse operator
			 license has expired or is revoked or canceled during the term of a fiscal
			 quarter, the quarterly report and per-bushel fee for that quarter are due 15
			 days after the date of license expiration, revocation, or
			 cancellation.
(3)
Holidays.
If the due date determined under subrules 92.4(1)
			 and 92.4(2) falls on a Saturday, Sunday, a legal holiday as provided in Iowa
			 Code section
			 4.1(34),
			 or a Monday following a Sunday which is a named legal holiday, the due date is
			 the following day.
(4)
Forms and payment.
The quarterly report shall be submitted on
			 forms or in a format prescribed by the bureau. Required forms shall be provided
			 by the grain warehouse bureau. The amount of the per-bushel fee, as calculated
			 in the quarterly report, shall acCornpany the report. Checks shall be made
			 payable to the Iowa Department of Agriculture and Land Stewardship (abbreviated
			 as IDALS).
(5)
"Receiving "
			 defined.
The quarterly report and the per-bushel fee must be received
			 on or by the due date to avoid penalty. For the purpose of this chapter,
			 "received" means the earliest of the following:
a. The date a state warehouse examiner
			 acknowledges receipt;
b. The date
			 on which the report is stamped "received" in the warehouse bureau; or
c. The date on which the report is
			 postmarked, if the item is properly addressed to the Grain Warehouse Bureau,
			 Iowa Department of Agriculture and Land Stewardship, Henry A. Wallace Building,
			 Des Moines, Iowa 50319.
This rule is intended to implement Iowa Code sections 203D.3
				and 203D.3A.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 92 - Participation in Grain Indemnity Fund › Rule 21-92.5 - Penalty for Delinquent Submission of Per-bushel and Participation Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delinquent payments defined.
In regard to the submission of
			 the quarterly report, per-bushel fee and the participation fee installment
			 payment, the licensee is deemed to be delinquent if any of the following apply:
a. The quarterly report and payment of the
			 per-bushel fee due are not received on or before the due date.
b. The quarterly report and partial payment
			 of the per-bushel fee due are received on or before the due date, but the
			 underpayment exceeds the margin of error, which for this rule is the greater of
			 $10 or 10 percent of the per-bushel fee due as determined by the warehouse
			 bureau.
c. The quarterly report and
			 partial payment of the per-bushel fee due are received on or before the due
			 date, and the underpayment is within the margin of error provided, but the
			 amount of the underpayment has not been received on or before the tenth day
			 after the licensee is notified of the underpayment.
d. The participation fee installment payment
			 is not received on or before the due date.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 92 - Participation in Grain Indemnity Fund › Rule 21-92.6 - Penalty for Delinquent Payment of Per-bushel Fee Discovered During Examination

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delinquent payments defined.
In regard to an underpayment
			 discovered during the performance of an examination, the licensee is deemed to
			 be delinquent if any of the following apply:
a. The underpayment for any quarter exceeds
			 the margin of error, which for this rule is the greater of $100 or 50 percent
			 of the per-bushel fee due for the quarter in question, as determined by the
			 grain warehouse bureau.
b. The
			 underpayment is within the margin of error provided, but the amount of the
			 underpayment has not been received on or before the fifth day after the
			 licensee is notified of the underpayment in the examiner's written report.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 93 - Grain Indemnity Fund Board-organization and Operations › Rule 21-93.1 - Location

Current through Register Vol. 47, No. 3, July 24, 2024
The office of the grain indemnity fund board is located in the
				Wallace State Office Building, Des Moines, Iowa; telephone (515)281-5321;
				mailing address: Grain Indemnity Fund Board, c/o Grain Warehouse Bureau, Iowa
				Department of Agriculture and Land Stewardship, Henry A. Wallace Building, Des
				Moines, Iowa 50319.
This rule is intended to implement Iowa Code section
				203D.4.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 93 - Grain Indemnity Fund Board-organization and Operations › Rule 21-93.2 - The Board

Current through Register Vol. 47, No. 3, July 24, 2024
The grain indemnity fund board consists of seven members: the
				secretary of agriculture or the secretary's designee who shall serve as
				chairperson, the state treasurer or the state treasurer's designee who shall
				serve as treasurer, a representative of the banking industry and four
				representatives of the grain industry. Grain industry representatives shall
				consist of two grain producers, one representative of warehouse operators
				licensed in accordance with Iowa Code section
				203C.6
				and one representative of grain dealers licensed in accordance with Iowa Code
				section
				203.3.
				Each industry representative shall be appointed by the governor from a list of
				three nominees made by the secretary of agriculture.
This rule is intended to implement Iowa Code section
				203D.4.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 93 - Grain Indemnity Fund Board-organization and Operations › Rule 21-93.3 - Authority of the Board

Current through Register Vol. 47, No. 3, July 24, 2024
The board has authority to determine the amount and validity of
				claims made against the fund, to review and adjust the per-bushel fee and the
				grain dealer and warehouse operator participation fee, and to approve costs of
				administering the fund. In addition, the board has the authority to act as an
				advisor to the secretary of agriculture on administrative matters affecting the
				fund, and as a result the board will make only policy reCornmendations in
				regard to the areas of administration delegated to the department in Iowa Code
				chapter 203D.
This rule is intended to implement Iowa Code section
				203D.4.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 93 - Grain Indemnity Fund Board-organization and Operations › Rule 21-93.5 - Minutes

Current through Register Vol. 47, No. 3, July 24, 2024
The minutes of all board meetings are recorded and kept by the
				grain warehouse bureau in the board's office.
This rule is intended to implement Iowa Code section
				203D.4.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 93 - Grain Indemnity Fund Board-organization and Operations › Rule 21-93.6 - Board Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
The actions of the board will be authoritatively recorded in
				the minutes of the board meeting at which the actions were taken. The board may
				adopt, amend, or repeal rules subject to Iowa Code chapter 17A to govern the
				operations of the board, to adjust or waive the per-bushel fee and the annual
				dealer-warehouse fee, and to govern the process of making claims against the
				fund. These rules shall be published by the department in the Iowa
				Administrative Code. The board may also reCornmend the adoption of other rules
				by the department relating to the fund. The content of any rules will be
				authoritatively established when they are published by the department in the
				Iowa Administrative Code.
This rule is intended to implement Iowa Code sections
				203D.4,
				203D.5,
				203D.5A
				and
				203D.6.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 93 - Grain Indemnity Fund Board-organization and Operations › Rule 21-93.7 - Records

Current through Register Vol. 47, No. 3, July 24, 2024
The records of all the business transacted and other
				information with respect to the activities of the board are public records and
				are on file in the board's office. All records including board minutes are
				available for inspection during regular business hours. Copies may be obtained
				at a cost of 25 cents per page.
This rule is intended to implement Iowa Code section
				203D.4.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 94 - Claims Against the Grain Depositors and Sellers Indemnity Fund › Rule 21-94.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Covered transaction "
means a transaction in
				which the claimant is a seller who transferred title to the grain to the grain
				dealer other than by credit-sale contract within six months of the incurrence
				date, or in which the claimant is a depositor who delivered the grain to the
				warehouse operator
"Credit-sale contract"
means a contract for
				the sale of grain pursuant to which the sale price is to be paid more than 30
				days after the delivery of the grain to the buyer, or a contract which is
				titled as a credit-sale contract, including but not limited to those contracts
				Cornmonly referred to as deferred-payment contracts, deferred-pricing
				contracts, and price-later contracts.
"Department"
means the Iowa department of
				agriculture and land stewardship.
"Depositor"
means a person who deposits grain
				in a state warehouse for storage, handling, or shipment, or who is the owner or
				legal holder of an outstanding state warehouse receipt, or who is lawfully
				entitled to possession of the grain.
"Grain dealer"
shall mean a grain dealer
				licensed pursuant to Iowa Code section
				203.3.
"Licensed warehouse "
means a warehouse, the
				operation for which the department has issued a license in accordance with Iowa
				Code section
				203C.6.
"Seller "
means a person who sells grain which
				the person has produced or caused to be produced to a licensed grain dealer,
				but excludes a person who executes a credit-sale contract as a seller
"Warehouse operator "
means a licensed
				warehouse operator pursuant to Iowa Code section
				203C.6.
"Warehouse receipt"
means a warehouse receipt
				issued for bulk grain in accordance with Iowa Code chapter 203
				C.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 94 - Claims Against the Grain Depositors and Sellers Indemnity Fund › Rule 21-94.2 - By Whom Claims Can Be Made

Current through Register Vol. 47, No. 3, July 24, 2024
Claims shall be made only by a depositor or seller Claims shall
				derive from a covered transaction. A claim shall not be made on grain which was
				initially eligible as a covered transaction but became not covered as a result
				of a new credit-sale contract transaction.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 94 - Claims Against the Grain Depositors and Sellers Indemnity Fund › Rule 21-94.3 - Procedure for Filing Claims

Current through Register Vol. 47, No. 3, July 24, 2024
In regard to claims by a depositor or seller arising against a
				grain dealer or warehouse operator, a claim against the grain depositors and
				sellers indemnity fund may be filed with the Grain Warehouse Bureau (the
				bureau), Iowa Department of Agriculture and Land Stewardship, Henry A. Wallace
				Building, Des Moines, Iowa 50319. The bureau shall create and provide a claim
				form. Use of the claim form shall be the exclusive manner of filing a claim
				against the fund. The claim shall include the following information:
1. The name and address of the grain dealer
			 or warehouse operator against whom the claim arose;
2. The name, address, telephone number, and
			 social security or tax identification number of the person making the
			 claim;
3. The type and amount of
			 grain involved;
4. The type of
			 transaction involved;
5. Evidence
			 of ownership;
6. Documentation of a
			 demand on the obligation and a failure to honor the demand; and
7. A notarized signature by each person
			 making the claim.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 94 - Claims Against the Grain Depositors and Sellers Indemnity Fund › Rule 21-94.4 - Time Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
A claim against the fund may be made for a covered transaction
				when either of the following incurrence dates occurs:
1. The expiration, revocation or cancellation
			 of the license of a grain dealer or warehouse operator; or
2. The filing of a petition in bankruptcy by
			 a grain dealer or warehouse operator
A claim shall be filed within a claim period that begins on an
				incurrence date and ends 120 days after that incurrence date. A claim is not
				timely unless it is postmarked or delivered within 120 days after the
				incurrence.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 94 - Claims Against the Grain Depositors and Sellers Indemnity Fund › Rule 21-94.5 - Claims by Depositors Where Bureau Is Receiver

Current through Register Vol. 47, No. 3, July 24, 2024
In regard to claims by depositors arising against a warehouse
				operator whose license has expired or has been revoked or canceled and who has
				not filed a petition for bankruptcy and where the bureau has been appointed by
				the court as the receiver of the grain assets of the warehouse, a claim
				properly filed with the bureau as receiver within 120 days of the license
				expiration, revocation or cancellation also is deemed to be a properly filed
				claim against the fund.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 94 - Claims Against the Grain Depositors and Sellers Indemnity Fund › Rule 21-94.6 - Notice of Claims

Current through Register Vol. 47, No. 3, July 24, 2024
Within 30 days of the receipt of a claim, the bureau shall send
				notice of the claim to each member of the board.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 94 - Claims Against the Grain Depositors and Sellers Indemnity Fund › Rule 21-94.7 - Report by Bureau

Current through Register Vol. 47, No. 3, July 24, 2024
When adequate information is available, the bureau shall make a
				report to the board of claims ready for determination, which report shall note
				the gross and net amount of each claim and the bureau's reCornmendations as to
				the validity and value of each claim. The bureau may report the claims ready
				for determination either as a class of listed claims relating to an identified
				licensee or individually, as may be appropriate.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 94 - Claims Against the Grain Depositors and Sellers Indemnity Fund › Rule 21-94.8 - Determination of Claims

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall review the report submitted by the bureau and
				may request additional information on a claim. The board shall determine the
				amount of the loss and the amount the claimant is validly entitled to from the
				fund within 90 days after the submission of the report to the board, unless the
				board finds good cause to delay the determination. "Good cause" includes the
				need for additional information on a claim. Notice of the board's determination
				shall be sent to each claimant by ordinary mail. The notice of the
				determination shall indicate the date when it is sent.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 94 - Claims Against the Grain Depositors and Sellers Indemnity Fund › Rule 21-94.9 - Appeal From Determination

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time limit for filing. A
claimant whose claim has been
			 determined by the board may appeal the determination by filing an appeal with
			 the board within 20 days of the date the notice of the determination was sent.
			 Appeals shall include a statement as to the amount the appellant is contesting
			 and as to the basis for appeal. The board's determination beCornes final if
			 there is no timely appeal.
(2)
Board action on appeals.
Upon the timely filing of an appeal,
			 the board shall schedule an evidentiary hearing or an opportunity for oral
			 argument before the board on the appeal. The hearing or argument shall be
			 scheduled no sooner than 15 days after notice of the hearing or oral argument
			 is sent to the appellant by ordinary mail. If an evidentiary hearing is
			 scheduled, the appellant may appear and submit evidence concerning the claim.
			 The bureau may also appear and submit evidence. If the appellant fails to
			 appear, the board may proceed in the appellant's absence. If a hearing or oral
			 argument is held, the board shall prepare a written decision. The appellant
			 shall be sent a copy of the board's decision by ordinary mail. The decision
			 shall indicate the date when it is sent.
(3)
Rehearing.
If a hearing
			 was held on the appeal, the appellant may request a rehearing within 20 days of
			 the date when the decision is sent. The request is deemed to have been denied
			 unless the board grants the request within 20 days after the board's receipt of
			 the request.
(4)
Exclusive
			 remedy.
The procedure provided by this rule is the exclusive
			 administrative remedy in regard to the board's determinations as to the
			 validity and amount of claims.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 94 - Claims Against the Grain Depositors and Sellers Indemnity Fund › Rule 21-94.10 - Payment of Valid Claims-conflicting Interests

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Subrogation and payment.
If the board has validated all or part of a claim, the board shall authorize
			 the chairperson or the chairperson's designee to facilitate payment from the
			 fund to the claimant in the determined amount upon the claimant's execution of
			 a subrogation of the fund to the rights of the claimant and of an agreement to
			 hold the fund harmless as against competing claims to the determined
			 amount.
(2)
Time limitation
			 on claims. A
claim shall expire five years after the board determines
			 a claim is payable if the claimant has failed to execute and return the
			 subrogration and hold-harmless documents required by subrule 94.10(1). The fund
			 is not liable for payment of expired claims.
(3)
Joint payments and interpleader
			 for conflicting claims.
If the board determines that a valid claim is
			 subject to an interest by more than one depositor or seller, the board may
			 order joint payment. If priority of interests in the validated claim is at
			 issue, the board may bring an equitable action of interpleader against the
			 conflicting parties pursuant to Iowa Rule of Civil Procedure 1.251, and may
			 order the deposit of the determined amount with the court pursuant to Iowa Rule
			 of Civil Procedure 1.253.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 95 - Civil Penalties › Rule 21-95.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules, the following definitions shall
				apply:
"Contested case hearing"
means an evidentiary
				hearing pursuant to Iowa Code chapter 17A.
"Department"
means the grain warehouse bureau
				of the Iowa department of agriculture and land stewardship.
"Informal settlement"
means an agreement
				between a licensee and the department which provides for sanctions for a
				violation of Iowa Code chapter 203 or 203 C or the rules promulgated
				thereunder, but does not include a contested case hearing.
"Licensee"
means a grain dealer or warehouse
				operator licensed under Iowa Code chapter 203 or 203C.
"Panel"
means the grain industry peer review
				panel.
"Report"
means the information provided by the
				department to the panel to assist in its review of cases involving proposed
				civil penalties.
"Review period"
means the period of time
				during which the licensee may seek review of a proposed civil penalty by the
				panel.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 95 - Civil Penalties › Rule 21-95.2 - Grain Industry Peer Review Panel

Current through Register Vol. 47, No. 3, July 24, 2024
The panel shall review cases of licensees subject to civil
				penalties for violations of Iowa Code chapter 203 or 203C or the rules
				promulgated thereunder. The decision to assess a civil penalty shall be made
				exclusively by the department. The panel's review shall be limited to the
				issues of whether a civil penalty should be assessed and the amount of the
				penalty. The panel will not determine whether a violation of law has
				occurred.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 95 - Civil Penalties › Rule 21-95.3 - Organization and Location

Current through Register Vol. 47, No. 3, July 24, 2024
The panel is located within the Iowa Department of Agriculture
				and Land Stewardship, Henry A. Wallace Building, Des Moines, Iowa 50319. The
				department's office hours are from 8 a.m. to 4:30 p.m., Monday through
				Friday.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 95 - Civil Penalties › Rule 21-95.6 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
The panel shall meet annually to elect a chairperson but may
				meet at the call of the chairperson or upon written request to the chairperson
				of two or more members. All panel meetings shall comply with Iowa Code chapter
				21. A quorum of three-fifths of the panel shall be present to transact
				business. Action by the panel requires a vote of a majority of those on the
				panel. Meetings follow Robert's Rules of Order. Minutes of each meeting shall
				be available from the department.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 95 - Civil Penalties › Rule 21-95.7 - Criteria for Assessing Civil Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
Licensees who violate Iowa Code chapter 203 or 203C or the
				rules promulgated thereunder may be subject to civil penalties. In evaluating a
				violation to determine which cases may be appropriate for assessment of civil
				penalties, or for purposes of assessing civil penalties, the department shall
				consider, among other relevant factors, the following:
1. Economic benefits realized by the violator
			 through noncompliance.
2.
			 Willfulness or recklessness of the violation.
3. Actual or threatened damage to sellers or
			 depositors.
4. Actual or potential
			 costs incurred by the department in discovering and responding to the
			 violation.
5. Remedial or
			 corrective action taken by the licensee.
6. Previous history of noncompliance by the
			 licensee.
The amount of civil penalty assessed shall not exceed $1500 per
				violation. Each day that a violation continues constitutes a separate
				violation.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 95 - Civil Penalties › Rule 21-95.8 - Notice of Civil Penalty Assessment-informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall give written notice to the licensee that
				it intends to seek assessment of a civil penalty. The notice shall describe the
				violation involved and set forth the amount of civil penalty sought by the
				department. The licensee shall have 14 days following receipt of the notice to
				request review of the amount of the civil penalty by the panel.
The department and the licensee may meet to discuss the case
				and the possibility of an informal settlement. If the parties reach an informal
				settlement, they may enter a joint stipulation providing for payment of an
				agreed-upon civil penalty and other sanctions. The joint stipulation is not
				reviewable by the panel.