251.440 Application for license as grain warehouse operator or grain dealer --
439 words·~2 min read·
/ky/251-440A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Grounds for denial of new license or revocation of existing license -- Notice and
hearing -- Confidentiality of documents.
(1)Application for license as a grain warehouse operator or grain dealer shall:
(a)Set forth the name of the applicant, its principal officer, if a corporation, or the
active members of a partnership if a partnership;
(b)Identify the location or locations of the principal office or place of business
and the locations in this state at which the applicant proposes to engage in this
business;
(c)Be accompanied by a bond as set forth in KRS 251.365. The bond shall run to
the Commonwealth of Kentucky and be for the benefit of all persons storing
grain in the licensee's warehouse or selling grain to the licensee; and
(d)Be accompanied by a compilation of financial statements issued by a certified
public accountant who has stated in writing whether he or she is independent
from ownership and management, or one
(1)of the documents identified in
KRS 251.370(8), provided, however, a grain dealer license applicant whose
total annual purchases in each of the last three
(3)years did not exceed fifty
thousand (50,000) bushels shall be exempt from the requirement set forth in
this subsection.
(2)The department may deny a license to any applicant or revoke the existing license if
the applicant or licensee:
(a)Furnishes false or misleading information or conceals a material fact on the
application or other supporting documents;
(b)Has been convicted of fraud or deceptive practice;
(c)Is currently adjudicated incompetent by a court of competent jurisdiction;
(d)Fails to maintain an asset to liability ratio of not less than one to one (1:1) or
fails to post additional surety to cover the deficiency;
(e)Violates a provision of this chapter; or
(f)For other good cause shown.
(3)Any person denied a license or whose license has been revoked for these reasons
shall:
(a)Be given written notice within thirty
(30)working days of receipt of
application or prior to revocation; and
(b)May request a hearing by writing to the board. Upon request, a hearing shall
be conducted in accordance with KRS Chapter 13B.
(4)The department shall not approve an application for a grain warehouse operator's
license without first verifying that the application meets the requirements of this
section.
(5)The department shall not approve an application for a grain dealer's license without
first verifying that the application meets the requirements of this section.
(6)The department shall keep confidential, and not disclose to anyone other than the applicant or licensee, the documents identified in this section and KRS 251.370.