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)(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)(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 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, 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)1.1. If a grain dealer's license is revoked, 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, 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, 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)(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.
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.
