RS 3:3405

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RS 3:3405

§3405. Powers and duties of the commission

A. The commission shall:

(1)Adopt rules and regulations necessary to enforce the provisions of this Chapter, including rules to establish criteria for granting or denying licenses. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act.

(2)Examine and investigate the qualifications of any applicant seeking licensure under this Chapter and determine the eligibility for licensure of each applicant.

(3)Issue licenses to warehouses regulated under this Chapter, under such terms and conditions as the commission may, by regulation, determine to be appropriate, provided that the commission shall require such warehouses to be of sound construction, provide security, and be insured as required under this Chapter.

(4)Issue licenses to grain dealers, provided that such persons shall provide security and be insured as required under this Chapter.

(5)Require each warehouse licensed under this Chapter to use only such warehouse receipts and scale tickets as may be furnished or approved by the commission, provided that such warehouse receipts and scale tickets shall be sequentially pre-numbered.

(6)Promulgate regulations setting forth the procedure whereby a farm product shall be regulated under this Chapter prior to the imposition of any requirement relative to the farm product.

(7)Regularly and at least once during each license period, examine, inspect, and audit each licensee under this Chapter.

(8)Issue licenses to cotton merchants regulated under this Chapter, under such terms and conditions as the commission may, by regulation, determine to be appropriate.

B. The commission may:

(1)Repealed by Acts 2010, No. 767, §2, eff. June 30, 2010.

(2)Establish reasonable guidelines for and require the submission of inventory reports.

(3)Require each person licensed under this Chapter to submit such reports as are necessary for the proper and efficient administration of this Chapter.

(4)Declare, by regulation, any agricultural commodity or other farm product to be subject to this Chapter.

(5)Establish and impose civil penalties for any violation of this Chapter or any rule or regulation adopted in accordance with the Administrative Procedure Act. Each day on which any violation occurs shall be considered a separate offense. No penalty may be imposed unless a violation is substantiated in an adjudicatory proceeding by the commission under Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950. The commission may not impose any penalty in excess of one thousand dollars for each single day on which a violation occurs.

(6)Suspend or revoke the license of any warehouse, cotton merchant, or grain dealer licensed under this Chapter for any violation of this Chapter or any rule or regulation adopted in accordance with the Administrative Procedure Act, provided that no license shall be revoked in the absence of an adjudicatory proceeding by the commission in accordance with Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950.

(7)Sue to recover on or enforce the security required under this Chapter and to sue any licensee to recover any payment of a claim from the Self-Insurance Fund or the Grain and Cotton Indemnity Fund, or both, pursuant to the provisions of R.S. 3:3412 and 3412.1 respectively.

(8)Initiate legal proceedings seeking injunctive relief to restrain violations of this Chapter, the rules and regulations adopted by the commission, or the rulings of the commission. Venue for these proceedings shall be in the district court for the parish in which the violation occurred.

Added by Acts 1982, No. 563, §1, eff. July 22, 1982 and Jan. 1, 1983. Acts 1983, No. 8, §1; Acts 1983, No. 10, §1; Acts 1997, No. 1034, §1; Acts 2009, No. 24, §1, eff. June 12, 2009; Acts 2010, No. 767, §§1, 2, eff. June 30, 2010; Acts 2015, No. 430, §1.