2016 Arkansas Code
Title 2 - Agriculture
Subtitle 2 - Agronomy
Chapter 17 - Warehousing of Grain
Subchapter 2 - -- Public Warehouses -- Generally
§ 2-17-215. Suspension, cancellation, or revocation of licenses

AR Code § 2-17-215 (2016) What's This?

(a) If a public grain warehouseman is convicted of any crime involving fraud or deceit or if the Public Grain Warehouse Commissioner determines that any public grain warehouseman has violated any of the provisions of this subchapter or any of the rules and regulations adopted by the commissioner pursuant to this subchapter, the commissioner may suspend, cancel, or revoke the license of the public grain warehouseman.

(b) (1) All proceedings for the suspension, cancellation, or revocation of licenses shall be before the commissioner. The proceedings shall be in accordance with rules and regulations which shall be adopted by the commissioner.

(2) (A) No suspension, cancellation, or revocation of any license is lawful unless, prior to the institution of the proceedings, the commissioner has given notice by mail to the licensee of facts or conduct warranting the intended action and the licensee has been given an opportunity to show compliance with all lawful requirements for the retention of the license.

(B) If the commissioner finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined.

(C) (i) Whenever the commissioner shall suspend, cancel, or revoke any license, he or she shall prepare an order so providing which shall state the reason or reasons for the suspension, cancellation, or revocation.

(ii) The order shall be sent by certified mail by the commissioner to the licensee at the address of the public grain warehouse licensed.

(iii) Within thirty (30) days after service upon the licensee of the order, the licensee, if dissatisfied with the order of the commissioner, may institute proceedings for judicial review in the circuit court of the county where the public grain warehouse is located or in the Pulaski County Circuit Court.

(c) In case a license issued to a public grain warehouseman expires or is suspended, revoked, or cancelled by the commissioner or his or her designated representative, the license shall be immediately returned to the commissioner, and the public grain warehouseman shall forthwith comply with the provisions of § 2-17-237.

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