reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 820 - STATE BOARD OF COSMETOLOGY AND BARBER EXAMINERS › Article 9 - CONVICTIONS OF CONCERN › Rule 1 - Convictions of Concern › Rule 1-6 - Prelicensure determinations; fee

Current through July 10, 2024
Authority: IC
				  25-1-1.1-6
Affected: IC 25-8
Sec. 6.
The fee for a petition under IC
				  25-1-1.1-6(h)
				   for a determination as to whether the
				  individual's misdemeanor or felony conviction will disqualify the individual
				  from receiving a license or certification shall be twenty-five dollars ($25).
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 1 - DEALERS AND WAREHOUSE LICENSING AND BONDING › Rule 1 - Dealers Licensing and Bonding (Repealed)

Current through July 10, 2024
IC 25-3.5-1 was repealed by P.L. 155-1982, SECTION 1. See,
				  P.L. 155-1982, SECTION 20 concerning the status of commodity dealer
				  licenses.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-2
Sec. 1.
The definitions in this rule and IC  26-3-7-2 apply throughout this article.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 1 - Definitions › Section 1-2 - "Act" defined

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7
Sec. 2.
"Act" means the Indiana grain buyers and warehouse licensing and bonding law, IC  26-3-7, as amended.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 1 - Definitions › Section 1-4 - "Licensee" defined

Current through July 10, 2024
Authority: IC 26-3-7-3
Affected: IC 26-3-7-2
Sec. 4.
"Licensee" means any person, as defined in IC 26-3-7-2(18),
				  who is licensed or required to be licensed under IC 26-3-7.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 1 - Definitions › Section 1-5 - "Nonstorage grain" defined

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-2
Sec. 5.
"Nonstorage grain" means grain received temporarily into a warehouse for cleaning, conditioning, extruding, or other custom work, against which no receipts are issued, no storage charges are assessed, and the grain or its byproduct is to be returned to the person who delivered it. Nonstorage grain does not refer to grain bank grain.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 2 - Administration › Section 2-1 - Responsibility for compliance

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-3
Sec. 1.
(a) The director finds and determines that this article is necessary and appropriate for the implementation and effectuation of the provisions and intent of the Act.
(b) The director determines that the records, reports, notices, and forms prescribed by this article are necessary to the orderly and efficient operation and administration of the Act.
(c) Every licensee shall use the records, reports, notices, and forms prescribed by the director. If no specific form is prescribed, every licensee shall use records, reports, notices, and forms that contain the information required by this article or the Act.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 2 - Administration › Section 2-2 - Notices to director; when required

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-3
Sec. 2.
(a) In addition to, and not in lieu of, all other notices required by the Act and this article, a licensee shall, within ten (10) days, give written notice to the director upon the occurrence of any of the following:
(1) Loss or damage to:
(A) stored grain; or
(B) licensed facilities.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 3 - Hearings › Section 3-1 - Confidential information

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-16.5
Sec. 1.
(a) When the director determines that any matter involving trade secrets, business secrets, or other confidential or proprietary information is or may be the subject of a hearing held under the Act, the director may exclude the public from the hearing and admit only the respondent and other interested parties who are essential to the matter under discussion.
(b) A respondent or any interested party, not later than five (5) business days prior to the scheduled hearing, may submit a written statement to the director noting areas to be considered in the hearing which could involve trade secrets, business secrets, or other confidential information. The statement shall explain why such matters should not be the subject of a public hearing. After receipt of the statement, the director shall determine what information, if any, should be excluded from the public hearing.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 3 - Hearings › Section 3-2 - Expedited hearings

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-3
Sec. 2.
Upon the agreement of the director and known interested parties, a meeting may be held without formal notice at a time and place agreed by the involved parties.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-1 - Application form

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-6
Sec. 1.
All persons applying for a license under the Act shall submit an application form. The initial application form shall provide for the following selections:
(1) Initial application.
(2) Amendment.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-2 - Transferability

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-8.5
Sec. 2.
Licenses issued under the Act are not transferable or assignable to any person, including successors in interest to the licensee.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-3 - Fees

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-6
Sec. 3.
(a) Initial licenses include one (1) storage facility and shall be prorated for the initial application fee. The two hundred fifty dollar ($250) fee required for each additional facility shall not be prorated.
(b) If a licensee changes to a different license type during the term of the current valid license, the fee already paid shall be applied to the new license fee.
(c) If a licensee changes the structure of the business, for example, from a proprietorship to a corporation, any fee already paid may be applied to the new business entity.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-4 - Bond; irrevocable letter of credit; cash deposit

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7
Sec. 4.
(a) Each licensee shall file:
(1) a current and effective surety bond running to the director and executed by the applicant as principal;
(2) an irrevocable letter of credit; or
(3) any combination of the items listed in this subsection.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-5 - Amended licenses

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-4
Sec. 5.
(a) A licensee shall complete a license application form when any of the following occur:
(1) Adding an additional facility.
(2) Change of business name.
(3) Change in owners.
(4) Change in type of license.
The form shall be provided by the agency and shall contain the same information as the initial application, but it shall have a place for the applicant to indicate it is an amendment.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-6 - Insurance

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-12
Sec. 6.
(a) Licensees shall insure, at full market value, the following:
(1) All stored grain owned by depositors that is stored in licensed space.
(2) All company owned grain that is:
(A) grain that has been paid for; and
(B) grain that has been delivered for sale but the depositor has not been paid.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-7 - Financial statement

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  25-2.1-1; IC  26-3-7-6
Sec. 7.
(a) When, in the director's sole discretion, the director determines that it would create a financial or other hardship for a licensee or applicant to submit the required reviewed level financial statement, the agency may consider the following:
(1) Organization type (corporation, partnership, individual, limited liability company).
(2) Current and potential risk exposure to the producers.
(3) Other information that may be made available to the director.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-8 - Net worth and market appraisals

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-16
Sec. 8.
(a) In determining a licensee's net worth, the following shall apply:
(1) Capital equity of the licensee, including capital stock, shall not be considered a liability.
(2) Assets of a licensee shall be subject to associated liabilities connected with any licensed facilities operated by him.
(3) Assets shall be valued at cost less depreciation, if depreciable, provided that no insurable asset shall be valued at an amount greater than the amount of insurance that is carried on it.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-9 - Suitability of facilities

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-7
Sec. 9.
(a) The determination as to whether a facility is suitable for the proper storage, shipping, and handling of grain may be based on:
(1) an inspection by agency personnel; or
(2) representation, on the initial application, by an applicant based on the type of construction, location, and layout.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-10 - Posting of licenses, diagrams, and charts

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-4
Sec. 10.
(a) When it is determined that all requirements have been met, a license shall be issued by the agency and shall bear the signature of the director.
(b) Licensed firms shall post all licenses issued to them in a public and conspicuous place at each facility along with charts and diagrams supplied by the agency. Each time a change of capacity occurs, the agency shall supply new charts and diagrams and the licensee shall post the most current charts and diagrams where they can be seen by the public. If changes in the business name, address, locations, or any other changes causing new licenses to be issued, the most current license shall be posted and the previous license shall be returned to the agency.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-11 - Temporary and emergency storage

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-7; IC  26-3-7-10
Sec. 11.
(a) Temporary and emergency storage options are available when a shortage of storage space occurs due to a bumper crop or other situations. These alternatives are available to firms with a current grain bank, warehouse, or buyer-warehouse license. Temporary and emergency space shall be considered an increase in licensed capacity and shall be subject to the following:
(1) Net worth.
(2) Bond.
(3) Insurance.
(4) Separate daily position record for the grain placed in the temporary or emergency space.
(5) Preapproval must be obtained from the agency before utilizing any temporary or emergency space.
(A) A licensee may write or fax, to the agency, a request for temporary or emergency space.
(6) Licensee shall have control of the temporary or emergency facilities and shall maintain the quality and quantity of the grain.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-12 - Grain buyer licensees with United States Warehouse Act license

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-6; IC  26-3-7-10
Sec. 12.
(a) Persons storing grain and issuing warehouse receipts under the United States Warehouse Act shall be required to obtain an Indiana grain buyer license if they are purchasing grain from producers.
(b) The bond submitted for the federal warehouse license shall suffice for the bonding requirement under the Act if all the following has occurred:
(1) The agency's name is added as beneficiary after United States Department of Agriculture.
(2) The amount of the bond meets the bonding requirements of the agency.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-13 - Inspection of scales

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-5
Sec. 13.
(a) Any scale used by any licensee in conjunction with a license issued under the Act shall be subject to annual inspection and testing by weights and measures' inspectors appointed by the director of the division of weight and measures, Indiana department of health, or a private scale firm knowledgeable in testing scales.
(b) All scales shall be subject to the applicable requirements of the code of specifications, tolerances, and regulations for scales as adopted by the Indiana state department of health. In the event, after proper inspection and testing, a scale fails to meet the applicable requirements, the scale inspector may condemn the scale and prevent its further use until it has been brought into conformity with these requirements. When a scale has been condemned, the scale inspector and the licensee shall immediately notify the director.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 4 - Requirements for Licensing › Section 4-14 - Annual license renewal applications

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-6
Sec. 14.
(a) The agency shall mail by U.S. first class mail or e-mail a renewal application, which shall include a listing of all the licensee's facilities, to each licensee prior to the expiration date of the licensee's current license. The renewal application form shall be completed and returned to the agency no later than ninety (90) days after the licensee's fiscal year end. The licensee shall forward, with the renewal application, the following:
(1) Current reviewed level financial statement.
(2) Updated financial profile form supplied by the agency.
(3) Appropriate license fee.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 5 - Auditors › Section 5-1 - Requirements for auditors

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-1
Sec. 1.
(a) The director may employ auditors familiar with the storage, conditioning, shipping, and handling of agricultural commodities and who are knowledgeable with the Act and rules to investigate, audit, and inspect the persons and facilities licensed under the Act or persons who should be licensed under the Act, for the purpose of determining that obligations to producers are accounted for correctly, stored grain is in licensed facilities, and requirements of the Act are being met.
(b) Prior to assuming duties, each auditor shall take an oath that he or she will faithfully and strictly discharge the duties of the office of auditor, enforce and uphold the Act and these rules, and to keep all information confidential.
(c) Auditors shall report, in writing or electronically, the results of each audit and any other reports that the director may require.
(d) Each auditor shall be provided an identification card to validate to licensees his or her position with the agency. The identification card shall contain a picture of the auditor.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 6 - Audits › Section 6-1 - Audit procedure

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-6; IC  26-3-7-28
Sec. 1.
(a) Audits and inspections of companies and facilities licenced
sic, licensed
under the Act may be made at any time during the licensee's regular business hours. The audits shall be performed by the director, the director's designated representative, or any auditor employed by the agency.
(b) Audits may be performed without prior notice to the licensee and may be performed as frequently or infrequently as deemed to be appropriate based upon reports and other available data.
(c) Every licensee and the licensee's employees, agents, officers, partners, directors, and shareholders shall cooperate and make themselves available to assist in the audit, including allowing full and reasonable use of the licensee's sampling and grading equipment. Failure or refusal to cooperate or assist in an audit shall be a basis for the suspension of a license issued under the Act. Agency auditors shall not request intellectual property information from licensees handling seed grain.
(d) Audits may include, but are not limited to, any or all of the following:
(1) A physical examination of all storage facilities of a licensee.
(2) A review of the licensee's book and records.
(3) Examination of all the different grains held by the licensee whether stored or nonstorage grain.
(4) Financial records.
(5) Information relevant to the maintenance or operation of a facility.
(6) Records or accounts kept or held by any state or federally licensed financial institution that relate to the licensee.
(7) Any other practice, review, or analysis deemed to be necessary or appropriate by the director, the director's designated representative, or any auditor.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 7 - Records › Section 7-1 - Operational records to be maintained

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-3; IC  26-3-7-28
Sec. 1.
(a) Licensees shall maintain current and complete records with respect to all agricultural commodities delivered to, withdrawn from, and received, stored, or processed by the licensee. Each contract, instrument, document, or record which is to be prenumbered shall be sequentially prenumbered and shall be used in numerical order.
(b) Every licensee shall use and maintain the following:
(1) A perpetual inventory record or daily position report that is updated daily and shows the following:
(A) The total quantity of each kind and grade of grain received.
(B) The total quantity of each kind and grade of grain loaded out.
(C) The quantity of each kind and grade of grain remaining by:
(i) the amount and kind of grain in storage but owned by producers; and
(ii) the amount and kind of grain owned by the licensee.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 7 - Records › Section 7-2 - Financial records to be maintained

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-28
Sec. 2.
(a) In addition to the records required in section 1
of this rule
, the licensee shall keep and maintain adequate financial records as will clearly reflect the licensee's current financial position. These records shall include a general ledger or its equivalent which provides a summarization of information reflected in detail in subsidiary records, which may include:
(1) a general journal in which periodic adjusting entries are recorded;
(2) a cash receipts journal;
(3) a cash disbursements journal;
(4) periodic detailed aging of accounts receivable;
(5) periodic listing of accounts payable;
(6) other relevant supporting documents.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 7 - Records › Section 7-3 - Settlement sheet contents

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-28
Sec. 3.
(a) Settlement sheets shall be used and must be prenumbered and used sequentially. They shall contain the following information:
(1) Date.
(2) The producer or producers' name and address.
(3) Bushels or pounds of grain delivered.
(4) Type of grain.
(5) Price.
(6) Deductions.
(7) Net due.
(8) Check number.
(9) Licensee's name, address, telephone number.
(10) Any other information necessary.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 8 - Grain Bank and Stored Grain › Section 8-1 - Grain bank requirements

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-6; IC  26-3-7-15
Sec. 1.
(a) Grain bank records shall include the following and are acceptable in lieu of grain bank contracts:
(1) Name and address of the depositor.
(2) Type, quality, and grade of the grain deposited.
(3) Current and accurate accounting of deposits and withdrawals of grain and the balance due to or from the licensee.
(4) Any other pertinent information.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 8 - Grain Bank and Stored Grain › Section 8-2 - Stored grain

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-19
Sec. 2.
(a) Title to grain delivered to a licensee for storage shall remain with the depositor.
(b) The licensee shall keep current and accurate records of all grain deposited for storage. Such grain records shall contain the following:
(1) Names of the depositors.
(2) Address of the depositors.
(3) Type, quality, and grade of grain deposited.
(4) Current and accurate accounting of increases and decreases to the balance on hand.
(5) Dates of transactions.
(6) Any other pertinent information important to the licensee or requested by the director.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 9 - Scale Tickets › Section 9-1 - Requirements for issuing scale tickets

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-26
Sec. 1.
(a) When grain is delivered to a licensee, the licensee shall issue a scale ticket to the depositor.
(b) Each licensee shall have preprinted scale tickets which shall have an original and not less than one (1) copy and which shall be consecutively prenumbered.
(c) If scale tickets are computer generated, sufficient safeguards must be in place to prevent the duplication or skipping of ticket numbers.
(d) Licensees shall issue or use scale tickets in numeric order.
(e) A copy or record of all scale tickets shall be maintained in numerical sequence as part of the licensee's records.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 9 - Scale Tickets › Section 9-2 - Scale ticket contents

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-26
Sec. 2.
(a) In addition to the requirements in IC  26-3-7-26, each scale ticket shall be sequentially numbered and issued in numeric order containing the following:
(1) Notation as to whether the movement was IN, OUT, or WEIGH ONLY.
(2) Driver status on or off the truck for gross and tare weighing.
(3) If the grain delivered is to have its identity preserved, the licensee shall do the following:
(A) Note on the scale ticket that it is to be identity preserved.
(B) Note the location of the identity preserved grain.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 10 - Treatment and Care of Deposited and Stored Grain › Section 10-1 - Stored grain

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-15; IC  26-3-7-19
Sec. 1.
All grain received by a licensee, where the sales price is not fixed or disposition is not noted or documented in the licensee's records, shall be considered stored grain, and the title shall remain with the depositor. This includes grain delivered, and the scale tickets evidencing the delivery does
sic., do
not indicate whether the grain was to be for sale, storage, or contract.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 10 - Treatment and Care of Deposited and Stored Grain › Section 10-2 - Nonstorage grain

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-6
Sec. 2.
Grain delivered for cleaning, conditioning, extrusion, or other custom work and the grain or its byproduct is to be returned to the person who delivered the grain, is considered nonstorage, and does not fall under the Act.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 10 - Treatment and Care of Deposited and Stored Grain › Section 10-3 - Forwarding grain

Current through July 10, 2024
Authority: IC 26-3-3
Affected: IC 26-3-7-15; IC 26-3-7-19
Sec. 3.
(a) When a licensee has received grain for storage from a depositor and the grain is to be forwarded as stored grain to another licensed warehouse, the initial warehouseman shall do the following:
(1) Agree with the depositor via a written contract or agreement that the depositor may waive redelivery of the grain at the facility where the grain was originally deposited.
(2) Ask for and receive, from the licensee operating the warehouse where the grain is being forwarded, a receipt for the grain.
(A) Upon receiving grain for storage from a licensee who is forwarding grain deposited with him, the licensee operating the warehouse to which the grain is being forwarded shall do the following:
(i) Issue a receipt to the initial licensee containing, in addition to the requirements in Rule 14
824 IAC 2-10-14
, the following:
(AA) The name of the initial licensee immediately followed by the statement, "as agent for his depositor(s)". and
(BB) Place on its face the following statement in bold and capital letters "NON-NEGOTIABLE".
(ii) Keep the forwarded grain in his licensed storage facilities and shall not forward or dispose of or transfer the grain as long as the receipt is outstanding.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 10 - Treatment and Care of Deposited and Stored Grain › Section 10-4 - Delivery of grain

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-19
Sec. 4.
(a) Every licensee shall receive grain for storage, handling, or shipment as long as:
(1) the licensed storage capacity and facilities will permit the additional deposit;
(2) the kind or type of grain is usually stored by the licensee;
(3) the grain is in suitable condition for storage, handling, or shipment; and
(4) the grain is delivered in the usual course of business.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 10 - Treatment and Care of Deposited and Stored Grain › Section 10-5 - Identity preserved grain

Current through July 10, 2024
Authority: IC 26-3-7-3
Affected: IC 26-3-7-22; IC 26-3-7-26
Sec. 5.
(a) If a licensee accepts grain and the identity of the grain is to be preserved, the scale ticket shall state on its face the following:
(1) That the grain is stored with its identity preserved.
(2) The location of the identity preserved grain.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 10 - Treatment and Care of Deposited and Stored Grain › Section 10-6 - Out of condition grain

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-15
Sec. 6.
(a) If a licensee considers that any portion of the grain located in his licensed facilities is out of condition or is becoming out of condition, he shall immediately begin reconditioning procedures.
(b) If the licensee determines that further deterioration of the grain cannot be prevented by reconditioning or after treatments have failed, the licensee shall immediately notify the director. The notice shall include the following:
(1) The location in which the out of condition grain is stored.
(2) The quantity and kind of the out of condition grain.
(3) The grade, if determined, of the grain at the time the notice is given.
(4) The reason, if known, for the condition.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 11 - Grain Returned to Depositor › Section 11-1 - Delivery back to the depositor

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-2
Sec. 1.
(a) When a grain depositor requests the return of his grain, the grain must be delivered in the quantity and grade as designated on the warehouse receipt or ticket. Upon delivery of the grain represented by a warehouse receipt, the depositor must surrender the warehouse receipt and pay storage and any other charges due.
(b) Return of the grain shall be made within the time agreed to by the depositor and the licensee in a written contract. In the absence of a written contract, the licensee shall make delivery as rapidly as can be done by due or ordinary diligence. If more than one (1) depositor seeks return of a grain, the licensee shall deliver said grain in the order in which demand for delivery was made and shall make delivery as rapidly as can be done by due and ordinary diligence. For the purposes of this section, due and ordinary diligence in making delivery shall be presumed to mean that there shall be immediate delivery and in no event shall delivery be made later than fifteen (15) days after demand, absent any unusual circumstances preventing delivery within that time.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 12 - Preferential Treatment › Section 12-1 - Special or preferential treatment prohibited

Current through July 10, 2024
Authority: IC 26-3-7-3
Affected: IC 26-3-7-29
Sec. 1.
(a) Except as provided in Rule 10, Section 4
824 IAC 2-10-4
, a licensee shall not directly or indirectly:
(1) make or give any undue or unreasonable preference or advantage to any person; or
(2) subject a particular person to any undue or unreasonable prejudice or disadvantage; or
(3) collect or receive, by any special charge, rebate, or other maneuver from any person, a greater or lesser compensation for services rendered in the handling, storage, or shipment of any grain than he demands, collects, or receives from any other person for doing a like and concurrent service in the handling, storage, or shipment of grain under similar circumstances or conditions.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 13 - Contracts for the Purchase of Grain › Section 13-1 - Contracts requirements

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-2
Sec. 1.
(a) Grain buyer and buyer-warehouse licensees shall maintain complete and accurate records regarding the grain they purchased from depositors using contracts stating the terms of the purchase. Contracts shall be numbered consecutively either at the time of printing or through the control of a computer generated system. Contracts shall be used in consecutive order. Voided contracts shall be retained for the agency's audit. Contracts shall be executed in duplicate with one (1) copy delivered to the seller and one (1) copy retained by the buyer licensee in a numeric file.
(b) Contracts, whether written, printed or electronic, for the purchase of grain from depositors shall contain, at a minimum, the following:
(1) Buyer's name, address, telephone number.
(2) Seller name and address.
(3) The conditions of delivery.
(4) Amount and type of grain delivered.
(A) Only one (1) type of grain per contract.
(5) Grade of grain.
(6) Method of pricing.
(7) Dates of delivery of the grain to be covered by the contract.
(8) Date payment is to be made.
(9) Duration of the contract.
(10) Consecutively numbered receipts.
(11) Charges for which the seller is liable.
(12) A rollover shall be documented with the initials of both parties and dated by both parties.
(13) The notice required in IC  26-3-7-3(a)(12)  shall appear immediately above the place on the contract where the seller signs.
(14) The date and signatures of both the seller and licensee.
(15) Other provisions that may be prescribed by the director.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 13 - Contracts for the Purchase of Grain › Section 13-2 - Price later contracts

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-7-2
Sec. 2.
(a) Only grain buyer and buyer-warehouse licensees are entitled to purchase grain from producers under price later contracts, also known as deferred pricing or DP contracts.
(b) In addition to the minimum contract requirements in section 1
of this rule
, price later contracts shall also include the following:
(1) A statements
sic., statement
printed in bold letters: "NOT STORAGE-TITLE TO THE GRAIN PASSES TO BUYER UPON DELIVERY".
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 14 - Warehouse Receipts › Section 14-1 - General information

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-2; IC  26-3-4; IC  26-3-7
Sec. 1.
(a) Paper and electronic Indiana warehouse receipts shall be issued by firms licensed as a warehouse or a buyer-warehouse. No licensed grain buyer can issue warehouse receipts unless the buyer is also licensed as a warehouseman under the United States Warehouse Act.
(b) The licensee and the provider shall maintain records and make reports that the director may require for electronic warehouse receipts.
(c) All negotiable warehouse receipts issued by a licensee, which evidence title to grain, shall be issued, held, and cancelled in accordance with this rule. Negotiation of receipts shall be by endorsement or by a separate written agreement securely attached to the receipt.
(d) Before issuing a warehouse receipt, a licensee shall file with the agency, on a form supplied by the agency, a sample of the signatures of any person or persons the licensee has authorized to issue warehouse receipts. It shall be the licensee's obligation to notify the agency of any changes or updates that need to be made to the form.
(e) The director shall prescribe the form of warehouse receipts, which shall be printed and completed in quadruplicate. Warehousemen shall obtain warehouse receipts by submitting their order, in lots of fifty (50) forms, to the agency accompanied by a check or money order for the cost of printing and handling payable to a printer qualified with the director.
(f) Grain for which a warehouse receipt is issued may be commingled with different lots of fungible grain as established by the official grain standards of the United States. If the depositor and the licensee agree that identical grain is to be delivered, stored, and is to be specially preserved and not commingled with any other commodity, then the words "Identity Preserved" shall be noted on the warehouse receipt.
(g) Upon the revocation or expiration of a license, the licensee has the right to terminate storage, shipping, and handling arrangements and collect outstanding charges regarding any grain for which a warehouse receipt has been issued.
(h) Receipts shall be issued in numeric sequence by each facility issuing warehouse receipts. Warehouse and buyer-warehouse licensees who issue warehouse receipts shall maintain:
(1) a warehouse receipt register listing issued receipts by consecutive number; and
(2) a file containing the duplicate copy of all issued receipts.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 14 - Warehouse Receipts › Section 14-2 - Printing of warehouse receipts

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-2; IC  26-3-4; IC  26-3-7
Sec. 2.
(a) The agency shall authorize persons to print warehouse receipts if they are printed in accordance with the Act and the rules of this section. Each printer wishing to qualify with the director shall:
(1) have on file with the director a bond;
(2) accept orders only from the agency;
(3) print receipts only for licensees;
(4) agree by written contract with the director to faithfully follow the procedures and observe all safeguards required by the director;
(5) keep accurate and permanent records;
(6) provide the director with an affidavit, on a form acceptable to the director, showing:
(A) all orders for receipts with the name of the licensee placing the order;
(B) the number of receipts printed;
(C) the consecutive numbers; and
(D) the date each order was sent.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 14 - Warehouse Receipts › Section 14-3 - Warehouse receipt contents

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-2; IC  26-3-4; IC  26-3-7
Sec. 3.
(a) Warehouse receipts shall be numbered consecutively either at the time of printing or through the control of a computer generated system. Every warehouse receipt issued for grain shall contain, at a minimum, the following terms:
(1) The name and address of the issuing licensee.
(2) The name of the owner or owners of the grain.
(3) The date the receipt is issued.
(4) The consecutive number of the warehouse receipt.
(5) The gross and net weights.
(6) The amount or rate of storage, handling, transportation, and processing charges and, if such charges are unpaid, a statement that the licensee claims a lien on the commodity for the amount of such charges.
(7) Commodity Credit Corporation (CCC) code number and whether the warehouse receipt will or will not be used as collateral for a CCC loan.
(8) The word "NEGOTIABLE" clearly and conspicuously printed or stamped on the original warehouse receipt and "NON-NEGOTIABLE" clearly and conspicuously printed or stamped on the copies of the warehouse receipt.
(9) Other supplemental information necessary for the purposes of the Uniform Grain and Rice Storage Agreement with United States Department of Agriculture.
(10) Area for other pertinent and useful information.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 14 - Warehouse Receipts › Section 14-4 - Authority for a licensee to issue warehouse receipts to itself

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-2; IC  26-3-4; IC  26-3-7
Sec. 4.
(a) A warehouse receipt that is to be used for collateral purposes by a warehouse licensee must be first issued by the licensee to itself. The warehouse licensee then shall properly endorse the collateral receipt on the reverse to the secured party. Subject to the provisions of this rule, a licensee may issue and hold a warehouse receipt for grain provided all the following apply:
(1) The grain is owned by the licensee.
(2) The licensee has paid, in full, for the grain.
(3) The grain is located in licensed facilities.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 14 - Warehouse Receipts › Section 14-5 - Issuance of warehouse receipts to depositors and Commodity Credit Corporation

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-2; IC  26-3-4; IC  26-3-7
Sec. 5.
(a) A licensee shall issue a warehouse receipt to a depositor, upon the depositor's request, when grain has been deposited at the licensee's licensed warehouse and the grain has been weighed, inspected, and graded. No warehouse receipt shall be sought or issued with respect to grain that is subject to any lien or other encumbrance. All information contained in a receipt shall be printed or legibly written in ink, and all spaces shall be filled with appropriate information or lined out. Receipts shall be signed on by employees designated by the licensee on the agency's authorization to sign warehouse receipts form. The use of facsimile signature stamps is prohibited on warehouse receipts. Even though grain bank grain is stored grain, no warehouse receipt shall be issued for grain bank.
(b) When there is an outstanding and uncanceled warehouse receipt, another warehouse receipt shall not be issued for the grain covered thereby except for the following:
(1) Replacement receipt for lost or destroyed receipts as pursuant to section 8 of this rule.
(2) Certain receipts issued pursuant to the Uniform Grain and Rice Storage Agreements (UGRSA).
(3) New warehouse receipts issued due to partial delivery on the original receipt and the original receipt has been canceled.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 14 - Warehouse Receipts › Section 14-6 - Partial delivery

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-2; IC  26-3-4; IC  26-3-7
Sec. 6.
If only a portion of the grain represented by a warehouse receipt is delivered, the original receipt must be returned to the issuing licensee at or before the time of the delivery and must be cancelled as provided in this rule. After the partial delivery and at the time of cancellation, a new receipt shall be issued covering the balance or undelivered portion of the grain. The new receipt shall state that it represents grain which was previously evidenced by the original receipt and giving the number of the original warehouse receipt.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 14 - Warehouse Receipts › Section 14-7 - Cancellation of warehouse receipts

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-2; IC  26-3-4; IC  26-3-7
Sec. 7.
(a) When all grain, the storage of which is evidenced by a warehouse receipt, is delivered from storage, the warehouse receipt shall be plainly marked across its face with the word "CANCELLED" and shall have written on it the date of cancellation, the name of the person canceling the warehouse receipt.
(b) A warehouse licensee shall keep all cancelled warehouse receipts for at least six (6) years from the cancellation date.
(c) No receipt shall be cancelled until and unless one (1) of the following has occurred:
(1) The grain has been removed from storage, by sale or otherwise.
(2) A new receipt has been issued contemporaneously for all or a part of the grain.
(3) A combination of such occurrences have
sic., has
taken place with respect to all of the grain.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 14 - Warehouse Receipts › Section 14-8 - Lost or destroyed warehouse receipts

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-2; IC  26-3-4; IC  26-3-7
Sec. 8.
In the case of a lost or destroyed warehouse receipt, the new warehouse receipt shall bear the same date and information as the original and shall be plainly marked on its face "duplicate in lieu of lost or destroyed warehouse receipt number..... ", and the warehouse licensee shall fill in the blank with the appropriate warehouse number. To protect the warehouse licensee from any liability or expense that it or any person, injured by the delivery, may incur by reason of the original warehouse receipt remaining outstanding, and before issuing the duplicate warehouse receipt, the warehouse licensee may seek from the depositor of grain evidenced by the lost warehouse receipt one (1) or both of the following:
(1) An affidavit stating, under oath, that the applicant for the substitute warehouse receipt is entitled to the original warehouse receipt and its number and setting forth the circumstances that resulted in the loss or destruction of the original warehouse receipt.
(2) A bond in an amount double the value of the grain represented by the original warehouse.
(A) The original affidavit and bond shall be retained by the warehouse licensee for at least six (6) years after the duplicate receipt is cancelled.
Indiana Administrative Code › Title 824 - INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY › Article 2 - GRAIN BUYERS AND WAREHOUSE LICENSING AND BONDING › Rule 14 - Warehouse Receipts › Section 14-9 - Voided warehouse receipt procedure

Current through July 10, 2024
Authority: IC  26-3-7-3
Affected: IC  26-3-2; IC  26-3-4; IC  26-3-7
Sec. 9.
Warehouse receipts voided by the warehouse licensee for any reason shall be so marked, signed, and dated, and all copies of the voided receipts shall be held in the same manner and for the same period as are cancelled receipts.