Skip to Main Content
<< Back | Return to Main COMAR Search Page

16 records match your request.

FileAbstract
15.19.01.00.htm 15.19.01.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 19 GRAIN DEALERS' LICENSING Chapter 01 General Regulations Authority: Agriculture Article, §13-201―13-216, Annotated Code of Maryland
15.19.01.01.htm 15.19.01.01. 01 Scope.. These regulations govern any person required to be licensed as a grain buyer in this State..
15.19.01.02.htm 15.19.01.02. 02 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Certified public accountant" means any person permitted to engage in the practice of public accounting by the State Board of Accountancy.2) "Department" means the Maryland Department of Agriculture or its designee.. 3) "Fair market value" means the market value established by a contract or by the Department for a loss of grain at the time of the loss.
15.19.01.03.htm 15.19.01.03. 03 Licensure.. A. A person may not be a grain dealer without first obtaining a grain dealer's license from the Secretary as provided by this chapter.B. By way of example but not limitation, a licensed grain dealer shall be a person who:. 1) Receives grain, in the course of his business, from a grower under a deferred payment contract. "Deferred payment contract" means a grain sales contract when the grower conveys title to the grain to a person for an agreed
15.19.01.04.htm 15.19.01.04. 04 Requirements of Licensure.. A license may not be issued or renewed by the Department unless the applicant has:. A. Applied on a form provided by the Department;. B. Paid the fee that is required for the license being obtained as set forth in Regulation .03C of this chapter;C. Complied with one of the following options:. 1) Posted a surety bond, irrevocable letter of credit, or cash guaranty, as required by Regulation .05 of this chapter, or
15.19.01.05.htm 15.19.01.05. 05 Posting.. A. If the applicant chooses to post a surety bond, letter of credit or cash guaranty, instead of filing a financial statement, he shall use a form furnished by the Department and post an amount at least as large as the following for the different types of licenses:Type of License. Minimum Amounts. 15,000. B. 35,000. C. 100,000. D. 1) Type A license if the applicant posts an amount less than $15,000;.
15.19.01.06.htm 15.19.01.06. 06 Financial Statement.. A. If the applicant chooses to file a financial statement, he shall indicate in the statement a minimum net worth for each type of grain dealer's license as follows:Type of License. Minimum Amounts. 15,000. B. 35,000. C. 100,000. D. B. If the applicant does not post a surety bond, irrevocable letter of credit or cash guaranty, the Department may not issue a:1) Type A license if the financial statement indicates a minimum net worth less than $15,000;.
15.19.01.07.htm 15.19.01.07. 07 Insurance Requirement for Licensees.. A. A person licensed under this chapter shall insure, and at all times keep insured, in that licensed person's name or as a co-insurer, all of the grain received into the actual physical control or possession of the licensed person.B. The amount of insurance shall be the fair market value of the grain and shall include coverage against theft, loss or damage by fire, lightning, inherent explosion, water, windstorm, cyclone, torna
15.19.01.08.htm 15.19.01.08. 08 Posting of License.. Immediately upon receipt, a person shall post the grain dealer license in a conspicuous place at each place of business where grain is received.
15.19.01.09.htm 15.19.01.09. 09 Required Records.. A. Records showing the total amount of grain bought, received, exchanged, or stored in the dealer's grain business shall be kept at each place of business or at one central location within the boundaries of the State. If records are stored at one central location from more than one location, it shall be noted at each location the central location and the date the transfer of records occurred.B. Records of grain transactions shall be kept for 3 years..
15.19.01.10.htm 15.19.01.10. 10 Inspection of Records and Premises.. A. Upon request, the Secretary may review grain records of a grain dealer during normal business hours.B. The Secretary may subpoena the business records of any person believed to be acting as a grain dealer.C. If a person fails to comply with a subpoena, the Secretary may petition a court of competent jurisdiction to gain compliance.
15.19.01.11.htm 15.19.01.11. 11 Disciplinary Action Against Licensee.. A. After a hearing, the Secretary may refuse to issue a license or may suspend or revoke a license for:1) Fraudulent or deceptive statements on an application for a license;. 2) Conviction of a violation of any of the provisions of this chapter;. 3) Failure to maintain adequate insurance on all grain received into the physical control or possession of the grain dealer; or4) Failure to notify the Secretary and to comply w
15.19.01.12.htm 15.19.01.12. 12 Civil Penalties.. A. Instead of, or in addition to, suspension or revocation of a license, the Secretary may impose a civil penalty as provided under §D of this regulation on a person who:1) Makes fraudulent or deceptive statements on an application for a license;. 2) Submits fraudulent or deceptive financial or insurance documentation;. 3) Fails to maintain adequate insurance on all grain received into the physical control or possession of the grain dealer;
15.19.01.13.htm 15.19.01.13. 13 Criminal Penalties.. A person who violates the provisions of this chapter is guilty of a misdemeanor, and upon conviction by a court of competent jurisdiction is subject to a fine of $10,000.
15.19.01.14.htm 15.19.01.14. 14 Injunction.. An injunction prohibiting a person from engaging in a violation of this subtitle may be sought by the Attorney General.
15.19.01.9999.htm 15.19.01.9999. Administrative History Effective date: October 11, 1982 (9:20 Md. R. 1981). Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939) October 19, 1987 (14:21 Md. R. 2223)Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939). Regulation .03C―E adopted effective October 19, 1987 (14:21 Md. R. 2223). Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939) October 19, 1987 (14:21 Md. R. 2223)
<< Back | Return to Main COMAR Search Page