127.12 History History: 1985 a. 29; 1995 a. 42.
127.13 127.13 Inspection and investigation.
127.13(1) (1)Authority of department.
127.13(1)(a)(a) The department may investigate or inspect the operations of a warehouse keeper or grain dealer to determine whether the warehouse keeper or grain dealer is in compliance with this chapter or rules promulgated under this chapter, whether a warehouse keeper has sufficient grain on hand to meet obligations to depositors or whether a grain dealer is able to pay for grain when payment is due.
127.13(1)(b) (b) In connection with an investigation or inspection under par. (a), the department may require a grain dealer or warehouse keeper to file a sworn or audited statement of business operations and financial position, including a current daily position statement.
127.13(1)(c) (c) A warehouse keeper or grain dealer shall make available to the department, upon demand, documents and records that the warehouse keeper or grain dealer is required to keep under this chapter or rules promulgated under this chapter so that the department may inspect or copy the documents and records.
127.13(2) (2)Annual inspection of warehouses. The department shall annually inspect each warehouse in this state operated by a licensed warehouse keeper.
127.13(3) (3)Periodic review of Class A grain dealers' records. The department shall periodically review the records of each Class A grain dealer in this state.
127.13 History History: 1979 c. 335; 1985 a. 29 s. 1878; Stats. 1985 s. 127.13; 1991 a. 39; 1995 a. 42.
127.14 127.14 Claims by producers and depositors; default proceedings and payment of claims.
127.14(1) (1)Filing claims. Any of the following may file a written claim with the department under this section:
127.14(1)(a) (a) A producer who claims that a grain dealer has failed to pay the producer for grain when due.
127.14(1)(b) (b) A depositor who claims that a warehouse keeper has failed to return stored grain upon demand.
127.14(2) (2)Initiating default proceedings. Upon receiving a written claim under sub. (1), or upon receiving other evidence that a warehouse keeper or grain dealer has defaulted on obligations to producers or depositors, the department may initiate a default proceeding under this section. To initiate a default proceeding, the department shall issue an order requiring all interested producers or depositors to file verified proofs of claim with the department before a specified date or be barred from participating in any recovery made by the department. The department shall publish notice of the order in all of the following ways:
127.14(2)(a) (a) By posting a copy of the order in a prominent location at each place of business in this state operated by the warehouse keeper or grain dealer and on each truck operated by the warehouse keeper or grain dealer that can be readily located.
127.14(2)(b) (b) By mailing a copy of the order to the warehouse keeper or grain dealer and to the warehouse keeper's or grain dealer's surety, if any.
127.14(2)(c) (c) By publishing the contents of the order as a class 3 notice under ch. 985, with the last insertion of the notice not later than 30 days before the deadline for filing claims.
127.14(2)(d) (d) By mailing a copy of the order, or equivalent notice, to those producers or depositors who are identified by the department and who appear to have unpaid claims against the warehouse keeper or grain dealer.
127.14(3) (3)Audit; proposed order. If the department initiates a default proceeding under this section, the department shall audit producer or depositor claims filed with the department and shall issue a proposed order allowing or disallowing claims. The department shall mail a copy of the proposed order to the warehouse keeper or grain dealer, to the warehouse keeper's or grain dealer's surety, if any, and to each producer or depositor who filed a timely claim in the proceeding.
127.14(4) (4)Untimely claims disallowed.
127.14(4)(a)(a) The department shall disallow a claim of a producer or depositor filed after the claim filing deadline specified under sub. (2) unless the department waives the claim filing deadline for good cause shown.
127.14(4)(b) (b) The department shall disallow a claim for any payment that was due more than 60 days before the date on which the department first received a written claim under sub. (1).
127.14(5) (5)Notice and hearing. The department shall hold a public hearing on its proposed order under sub. (3). The department shall provide a notice of the hearing to each person to whom the department is required to provide a copy of its proposed order under sub. (3).
127.14(6) (6)Final order after hearing.
127.14(6)(a)(a) Before issuing a final decision and order in a default proceeding under this section, the department shall follow the procedures in s. 227.46, except that if after the hearing under sub. (5) there are no objections to the department's proposed order, the department may adopt the proposed order as the department's final decision and order without further notice or hearing.
127.14(6)(b) (b) The department shall serve its final decision and order on each person to whom the department is required to provide a copy of its proposed order under sub. (3).
127.14(7) (7)Converting security to pay allowed claims. For the purpose of paying claims allowed under sub. (6), the department may convert any security that a warehouse keeper or grain dealer filed with the department and may apply the proceeds to pay the allowed claims.
127.14(8) (8)Obtaining payment of allowed claims. The department may demand and receive payment of claims allowed under sub. (6) on behalf of producers or depositors and may commence an action in court to recover those claims. The department may demand and receive grain, money or other assets in order to satisfy claims of producers or depositors.
127.14(9) (9)Paying allowed claims. The department may distribute any grain, money or other assets recovered by the department under sub. (7) or (8) to satisfy claims of producers or depositors allowed by the department under sub. (6). The department shall distribute recovered assets on a proportionate basis based on the amount of each allowed claim. If recovered assets exceed allowed claims, the department shall return the excess to the person who provided the assets.
127.14(10) (10)Priority of producer claims in insolvency proceedings and other creditor's actions. A producer's claim against a grain dealer for grain sold to that grain dealer is entitled to the same priority in a state insolvency proceeding or other creditor's action as is a claim for labor. This subsection does not affect or impair any other lien, security or priority held by the producer. Neither a final court judgment awarding a producer claim nor a department order allowing a claim under sub. (6) is a prerequisite to filing a producer claim in a state insolvency proceeding or other creditor's action or to the allowance of the priority under this subsection.
127.14 History History: 1979 c. 335; 1981 c. 314; 1985 a. 29 ss. 1880, 1884, 3200 (3); Stats. 1985 s. 127.14; 1995 a. 42.
127.15 127.15 Rule-making authority. The department may promulgate rules necessary for the administration and enforcement of this chapter and for the regulation of grain marketing and warehousing practices. Rules may include rules related to grain storage and sales contracts, grain storage receipts, records and accounts kept by warehouse keepers and grain dealers, security filed by warehouse keepers and grain dealers, disclosures to producers and depositors, grain storage and purchase practices and fees paid by warehouse keepers and grain dealers under ss. 127.02 and 127.03.
127.15 History History: 1979 c. 335; 1985 a. 29 s. 1882; Stats. 1985 s. 127.15; 1995 a. 42.
127.16 127.16 Administration. In the administration of this chapter, the department shall have all the powers and authority vested in the department under ch. 93.
127.16 History History: 1979 c. 335; 1985 a. 29 s. 1883; Stats. 1985 s. 127.16; 1995 a. 42.
127.17 127.17 Enforcement; penalties; private remedy.
127.17(1)(1)Order.
127.17(1)(a)(a) If the department determines that a warehouse keeper or grain dealer has violated this chapter or a rule promulgated under this chapter, the department may do any of the following:
127.17(1)(a)1. 1. By special order, require the warehouse keeper or grain dealer to comply or to take specific steps considered reasonably necessary to achieve compliance, including steps to remedy existing deficiencies or to prevent the loss, damage or abnormal deterioration of grain.
127.17(1)(a)2. 2. If necessary to prevent clear and imminent harm to producers or depositors, issue a special order under subd. 1. on a summary basis.
127.17(1)(b) (b) A warehouse keeper or grain dealer named in a summary special order under par. (a) 2. may, within 10 days after receiving the order, request a hearing on the order. The department shall hold an informal hearing as soon as possible after receiving a hearing request but no later than 10 days after receiving the hearing request unless the warehouse keeper or grain dealer waives the informal hearing or agrees to a later date for the informal hearing. If the matter is not resolved at the informal hearing, the department shall hold a formal contested case hearing under ch. 227 on the order as soon as reasonably possible. A request for a hearing does not stay a summary special order pending the hearing.
127.17(2) (2)Denial, suspension or revocation of license.
127.17(2)(a)(a) Grounds; procedure for suspension or revocation. The department may deny, suspend or revoke a warehouse keeper's or grain dealer's license if the warehouse keeper or grain dealer violates this chapter or any rule promulgated or special order issued under this chapter. The department may suspend or revoke a license under this paragraph by special order under sub. (1) (a) 1. or, if necessary to prevent clear and imminent harm to producers or depositors, by a summary special order under sub. (1) (a) 2.
127.17(2)(b) (b) Suspension of grain dealer license. If a grain dealer's license is suspended under par. (a), the grain dealer may not purchase or receive grain from producers or sell or ship grain, except under the supervision of the department.
127.17(2)(c) (c) Revocation of grain dealer license.
127.17(2)(c)1.1. If a grain dealer's license is revoked under par. (a), the grain dealer may not purchase, receive, sell or ship grain except as the department permits by order.
127.17(2)(c)2. 2. If a grain dealer's license is revoked, the grain dealer shall promptly give notice of that revocation to every producer with whom the grain dealer has an outstanding deferred payment contract or deferred price contract.
127.17(2)(c)3. 3. If a grain dealer's license is revoked, the department shall publish notice of that revocation in a newspaper having general circulation in the county where the grain dealer's principal place of business is located and in the official state newspaper at least twice during the 2 weeks after revocation.
127.17(2)(c)4. 4. If a grain dealer's license is revoked, all outstanding deferred payment contracts and deferred price contracts are terminated. A terminated deferred payment contract or deferred price contract becomes due and payable on the date of revocation. To the extent possible, the date of revocation shall be considered to be the date on which payment was to have been made under the contract giving equitable consideration to extenuating factors.
127.17(2)(d) (d) Suspension of a warehouse keeper's license. If a warehouse keeper's license is suspended under par. (a), the warehouse keeper may not purchase or receive grain from depositors or sell or ship grain, except under the supervision of the department.
127.17(2)(e) (e) Revocation of a warehouse keeper's license.
127.17(2)(e)1.1. If a warehouse keeper's license is revoked under par. (a), the warehouse keeper may not purchase, receive, sell or ship grain except as the department permits by order.
127.17(2)(e)2. 2. If a warehouse keeper's license is revoked, the warehouse keeper shall promptly notify every depositor of the revocation.
127.17(2)(e)3. 3. If a warehouse keeper's license is revoked, the department shall publish notice of the revocation in a newspaper having general circulation in the county where the warehouse is located and in the official state newspaper at least twice during the 2 weeks after revocation.
127.17(3) (3)Injunction. In addition to other penalties or remedies under this chapter, the department may petition any court of competent jurisdiction for a temporary or permanent injunction, including an ex parte temporary restraining order, to prevent, restrain or enjoin any person from violating this chapter or any rule promulgated or special order issued by the department under this chapter.
127.17(4) (4)Penalties.
127.17(4)(a)(a) Forfeitures. The department may commence an action to recover a forfeiture of not less than $250 nor more than $5,000 for each violation of this chapter or any rules promulgated or special orders issued under this chapter.
127.17(4)(b) (b) Fine or imprisonment. Any person who intentionally violates this chapter, or any rules promulgated or special orders issued under this chapter, shall be fined not more than $10,000 or imprisoned not more than one year in the county jail or both for each violation.
127.17(5) (5)Private remedy. Any person who is injured as a result of a violation of this chapter, or any rules promulgated or special orders issued under this chapter, may bring an action against the violator and may recover twice the amount of that person's proven damages, together with costs, including all reasonable attorney fees. This remedy is not exclusive.
127.17 History History: 1979 c. 335; 1985 a. 29 ss. 1886, 1888; Stats. 1985 s. 127.17; 1991 a. 39; 1995 a. 42; 1997 a. 191.
127.18 127.18 Conflict with chs. 401 to 411. In the event of any conflict between this chapter and chs. 401 to 411, this chapter shall control.
127.18 History History: 1979 c. 335; 1981 c. 390; 1985 a. 29 s. 1887; Stats. 1985 s. 127.18; 1991 a. 148, 304, 315.
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This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?