127.07(6)(a)2.
2. The department receives notice of cancellation of a surety bond, or notice of nonrenewal of a letter of credit, filed with the department as security.
127.07(6)(a)3.
3. Security filed with the department falls below the amount required under
sub. (4) or
(5) because of a depreciation in the value of the security or an increase in the amount of security required or for any other reason.
127.07(6)(a)4.
4. The warehouse keeper or grain dealer fails to provide information requested by the department that is relevant to a determination of security requirements.
127.07(6)(b)
(b) If the department requires a warehouse keeper or grain dealer to file security with the department under
par. (a), the department shall issue a written demand for security to the warehouse keeper or grain dealer. The demand shall indicate why the security is required, the amount of security required, the basis on which the department determined the amount of security required and the deadline for filing security.
127.07(6)(c)
(c) If a warehouse keeper or grain dealer fails to file security by the deadline specified under
par. (b), the department may summarily suspend the license of the warehouse keeper or grain dealer.
127.07(6)(d)
(d) If a warehouse keeper or grain dealer fails to file security by the deadline specified under
par. (b), the warehouse keeper or grain dealer shall, within 5 days after the deadline, give notice of its failure to file security to all depositors or producers to whom the warehouse keeper or grain dealer is obligated under a grain storage contract or a grain purchase contract. If a warehouse keeper or grain dealer fails to notify depositors or producers under this paragraph, the department shall notify those producers or depositors by publishing a class 3 notice under
ch. 985.
127.07(7)
(7) Release of security. The department may, upon request, release security filed by a warehouse keeper or grain dealer under this section only if one of the following occurs:
127.07(7)(a)
(a) The warehouse keeper or grain dealer achieves and maintains compliance with the applicable financial standards under
s. 127.065 (1) or
127.067 (1) as evidenced by 2 successive annual financial statements or one annual financial statement and a reviewed financial statement for the first quarter of the following fiscal year.
127.07(7)(b)
(b) The warehouse keeper or grain dealer demonstrates to the department's satisfaction that the amount of security on file exceeds the amount required under
sub. (4) or
(5).
127.07(7)(c)
(c) The warehouse keeper or grain dealer files alternative security of equal value.
127.07(7)(d)
(d) The warehouse keeper or grain dealer is no longer in business and demonstrates to the department's satisfaction that all obligations to producers or depositors have been satisfied in full.
127.09
127.09
Duties of a warehouse keeper. 127.09(1)
(1)
Scale ticket or receipt. No warehouse keeper may receive grain from any depositor unless the warehouse keeper furnishes the depositor or the depositor's agent with a scale ticket, warehouse receipt or other written storage receipt at the time the grain is received. The storage receipt shall include the kind, quality and weight of grain received, and other terms and conditions under which the grain is received. Scale tickets and receipts for grain shall be considered storage receipts unless otherwise clearly designated. A warehouse keeper shall keep copies of all scale tickets and receipts for at least 6 years or for as long as the scale ticket or receipt remains outstanding, whichever is longer. A warehouse keeper shall make copies of all scale tickets and receipts available to the department for inspection and copying upon request.
127.09(2)
(2) Weight; grade; quality. A warehouse keeper shall accurately determine the weight of grain using accurate weighing equipment. If a warehouse keeper determines the grade or quality of grain, the warehouse keeper shall accurately determine the grade or quality using accurate grading and testing equipment.
127.09(3)
(3) Maintain facilities. A warehouse keeper shall maintain equipment and facilities that are adequate to protect grain from loss or abnormal deterioration while in storage. A warehouse keeper is responsible for the care and safekeeping of stored grain.
127.09(4)
(4) Maintain sufficient inventory. A warehouse keeper shall at all times maintain grain inventories sufficient in quantity and quality to meet all outstanding obligations for grain received from or held in storage for depositors. If the warehouse keeper is licensed, the warehouse keeper shall maintain the grain in a licensed warehouse.
127.09(5)
(5) Records and accounts. A warehouse keeper shall maintain current, complete and accurate records and accounts, including daily position records, of all grain received into or withdrawn from the warehouse. The records shall permit the ready determination of total grain in storage, and all obligations relating to grain received into or withdrawn from storage.
127.09(6)
(6) Storage by another warehouse keeper. If a warehouse keeper delivers grain owned by a depositor to another warehouse keeper for storage, the delivering warehouse keeper shall direct the receiving warehouse keeper to issue one or more nonnegotiable warehouse receipts to the delivering warehouse keeper for the amount of grain delivered. A nonnegotiable warehouse receipt required under this subsection may not be a scale ticket.
127.10
127.10
Duties of a grain dealer. 127.10(1)
(1)
Documentation. No grain dealer may purchase grain from or sell grain for any producer unless the grain dealer furnishes the producer or the producer's agent with written documentation evidencing the purchase or sales transaction at the time the grain is purchased or received for sale. Documentation shall include a record of the kind and weight of grain purchased or received for sale, the date of receipt by the grain dealer, the price of the grain or the formula on which the price is to be based and other terms of purchase or sale. A grain dealer shall furnish scale tickets or other appropriate receipts to a producer or the producer's agent immediately upon receiving grain from the producer or the producer's agent.
127.10(2)
(2) Weight; grade; quality. A grain dealer shall accurately determine the weight of grain using accurate weighing equipment. If a grain dealer determines the grade or quality of grain, the grain dealer shall accurately determine the grade or quality using accurate grading and testing equipment.
127.10(3)
(3) Records and accounts. If a grain dealer uses any deferred payment or deferred price contracts, the grain dealer shall maintain records and accounts which indicate all of the grain dealer's liabilities and obligations under those contracts, including the names and addresses of the other parties to the contracts. All required records and accounts shall be current, complete and accurate.
127.10(4)
(4) Compliance with contracts. A grain dealer buying grain from or selling grain for producers shall pay for the grain when payment is due under the terms of the purchase or sale contract. A forged check, check drawn on an account with insufficient funds or other nonnegotiable check is not considered payment under the terms of the contract.
127.10(5)
(5) Deferred payment or deferred price contract. 127.10(5)(a)(a) A deferred payment or deferred price contract shall be in writing. If the contract is made before the grain dealer takes custody of the grain, the grain dealer shall furnish the producer with a copy of the written contract within 7 days after the grain dealer and the producer enter into the contract. If the contract is not made before the grain dealer takes custody of the grain, the grain dealer shall furnish the producer with a copy of the written contract within 7 days after the grain dealer takes custody of the grain covered by the contract. The contract shall state the price of the grain or, in the case of a deferred price contract, the formula by which the price will be determined and the deadline by which the price will be determined.
127.10(5)(b)
(b) A deferred payment contract or deferred price contract shall specify the date by which the grain dealer agrees to pay the producer in full. That date may not be more than 180 days after the day on which the contract price is established or the day on which the grain dealer takes custody of the grain, whichever is later.
127.10(6)
(6) Permanent business location; business hours. 127.10(6)(a)(a) Each Class A grain dealer, Class B grain dealer and Class B2 grain dealer shall maintain a permanent business address at which the grain dealer may be readily contacted during business hours. A grain dealer shall provide written notice of the dealer's permanent business address to every producer from whom the grain dealer buys grain or for whom the grain dealer sells grain.
127.10(6)(b)
(b) Each Class A grain dealer, Class B grain dealer and Class B2 grain dealer shall keep business hours at the grain dealer's permanent business address under
par. (a). On each day that the Chicago Board of Trade is open, the grain dealer shall be open for business beginning at least one-half hour before the opening of the Chicago Board of Trade and continuing until at least one-half hour after the closing of the Chicago Board of Trade. The grain dealer's business hours shall be prominently posted at the grain dealer's permanent business address under
par. (a).
127.105
127.105
Liability of warehouse keepers and grain dealers. 127.105(1)(1) A warehouse keeper or grain dealer is liable to a producer or depositor if a subsidiary or affiliate of the warehouse keeper or grain dealer fails to pay the producer when due, or fails to return stored grain to the depositor upon demand, according to a contract for the storage, purchase or sale of grain.
127.105(2)
(2) Any corporation or cooperative that owns, controls or acts as a warehouse keeper or grain dealer is liable to a producer or depositor if the warehouse keeper or grain dealer fails to pay the producer when due, or fails to return stored grain to the depositor upon demand, according to a contract for the storage, purchase or sale of grain.
127.105(3)
(3) The department may commence an action in the circuit court on behalf of producers or depositors to obtain payment of amounts owed under this section. The department may settle any claim of a producer or depositor under this section with the consent of the claimant and may decline to represent a claimant who does not agree to a settlement recommended by the department.
127.105 History
History: 1991 a. 39;
1995 a. 42.
127.11
127.11
Prohibitions; warehouse keepers and grain dealers. 127.11(1)(1)
Misrepresentation of weight, grade or quality. No warehouse keeper or grain dealer may misrepresent the weight, grade or quality of grain received from or delivered to any person.
127.11(2)
(2) False or misleading statement. No warehouse keeper or grain dealer may make any false or misleading statement in any application for a license or in any other statement or report that the warehouse keeper or grain dealer is required to submit to the department under this chapter.
127.11 History
History: 1979 c. 335;
1985 a. 29 s.
1885; Stats. 1985 s. 127.11;
1995 a. 42.
127.12
127.12
Producers and depositors; duties and prohibitions. 127.12(1)(1) No producer or depositor who contracts for the future sale and delivery of grain at an agreed price may refuse to sell or deliver grain at the agreed price in accordance with the terms of the contract.
127.12(2)
(2) A grain dealer may, as a condition to buying grain from or selling grain for a producer or depositor require the producer to provide the grain dealer with a written statement that discloses any liens or security interests in the grain, the nature and amount of those liens or security interests and the identity of any lien or security interest holders. No producer may falsify any information provided to a grain dealer under this subsection, or fraudulently withhold information to obtain a sale of grain.
127.12 History
History: 1985 a. 29;
1995 a. 42.
127.13
127.13
Inspection and investigation. 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)(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)(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 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.
