2005 Idaho Code - 22-5113 — NOTICE OF NONCOMPLIANCE -- REQUIREMENTS -- FAILURE TO COMPLY -- REMEDIES OF DEPARTMENT

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 51
                           SEED INDEMNITY FUND LAW
    22-5113.  NOTICE OF NONCOMPLIANCE -- REQUIREMENTS -- FAILURE TO COMPLY --
REMEDIES OF DEPARTMENT. (1) Whenever a seed buyer is not meeting its
obligations to producers, does not have the ability to pay producers, or
refuses to submit records and papers to lawful inspection, the department
shall give written notice to the seed buyer and direct the seed buyer to
comply with all or any of the following requirements:
    (a)  The department may require additional security or the posting of a
    bond in an amount sufficient to satisfy any financial obligation to
    producers. The additional security may exceed the maximum bonding
    requirements of this chapter. Failure to timely post the additional bond
    or other security constitutes grounds for suspension or revocation of a
    license. The seed buyer may request a hearing regarding the decision to
    increase the amount of security required or the revocation or suspension
    of a license and may appeal such decisions pursuant to chapter 52, title
    67, Idaho Code.
    (b)  Submit to such inspection as the department may deem necessary.
    (2)  If the seed buyer fails to comply with the terms of such notice
within twenty-four (24) hours from the date of issuance of the notice, or
within such further time as the department may allow, the department may
petition the district court in the county where the seed buyer's principal
place of business is located, as shown by the license application, for an
order, according to section 22-106, Idaho Code.
    (3)  The department may give written notice of its action to the seed
buyer's surety.
    (4)  The department may require an audited or reviewed financial
statement.
    (5)  If at any time the department has evidence that the seed buyer is
insolvent or is unable to satisfy the claims of producers, the department may
petition the district court for the appointment of a receiver to operate or
liquidate the business of the seed buyer.
    (6)  All court costs, attorney's fees, other professional fees, and
necessary expenses incurred by the department in carrying out the provisions
of this chapter may be recovered in any civil action brought by the
department.