(1) Whenever a seed buyer is not meeting its obligations to producers, does not have the ability to pay producers, or refuses to submit records and papers to lawful inspection, the department shall give written notice to the seed buyer and direct the seed buyer to comply with all or any of the following requirements:
(a)  The department may require additional security or the posting of a bond in an amount sufficient to satisfy any financial obligation to producers. The additional security may exceed the maximum bonding requirements of this chapter. Failure to timely post the additional bond or other security constitutes grounds for suspension or revocation of a license. The seed buyer may request a hearing regarding the decision to increase the amount of security required or the revocation or suspension of a license and may appeal such decisions pursuant to chapter 52, title 67, Idaho Code.
(b)  Submit to such inspection as the department may deem necessary.
(2)  If the seed buyer fails to comply with the terms of such notice within twenty-four (24) hours from the date of issuance of the notice, or within such further time as the department may allow, the department may petition the district court in the county where the seed buyer’s principal place of business is located, as shown by the license application, for an order, according to section 22-106, Idaho Code.

Terms Used In Idaho Code 22-5113

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Department: means the Idaho state department of agriculture. See Idaho Code 22-5102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Failure: means the date that one (1) or more of the following events occurred, as determined by the director:
Idaho Code 22-5102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Seed buyer: means any person having a commercial operation, its agents and employees, together with its elevators, mills, buildings, or other structures who owes or has any financial obligation to the producer for seed crop grown by that producer and transferred to the seed buyer. See Idaho Code 22-5102
    • (3)  The department may give written notice of its action to the seed buyer’s surety.
    (4)  The department may require an audited or reviewed financial statement.
    (5)  If at any time the department has evidence that the seed buyer is insolvent or is unable to satisfy the claims of producers, the department may petition the district court for the appointment of a receiver to operate or liquidate the business of the seed buyer.
    (6)  All court costs, attorney’s fees, other professional fees, and necessary expenses incurred by the department in carrying out the provisions of this chapter may be recovered in any civil action brought by the department.