(1) Any seed buyer against whose bond a claim has been ordered collected or has actually been collected shall not be licensed by the department for a period of three (3) years from the date of such order or collection. License denial may be waived if the person can show, to the satisfaction of the director, that full settlement of all claims against the bond have been made. Full settlement does not include seed indemnity fund settlements. A change in a person’s business name shall not absolve any unsettled claim against that person’s prior bond.
(2)  The director may deny the issuance or renewal of a license to an applicant after a public hearing and based on the following criteria:
(a)  The applicant failed or refused to make prior claimants whole due to a previous failure;
(b)  The applicant misrepresented material facts in the application for a license;
(c)  The industry required to pay into the seed indemnity fund presents relevant objections; or
(d)  Any material fact provided by a seed producer that demonstrates license denial would serve the best interest of the public.

Terms Used In Idaho Code 22-5117

  • Department: means the Idaho state department of agriculture. See Idaho Code 22-5102
  • Director: means the director of the Idaho state department of agriculture. See Idaho Code 22-5102
  • Failure: means the date that one (1) or more of the following events occurred, as determined by the director:
Idaho Code 22-5102
  • Person: means any individual, firm, association, corporation, partnership or limited liability company. See Idaho Code 22-5102
  • Producer: means the owner, tenant or operator of land in this state who has an interest in the proceeds from the sale of seed crops grown on that same land. See Idaho Code 22-5102
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
    • (3)  Any person adversely affected by the director’s final determination may secure judicial review as prescribed under the provisions of chapter 52, title 67, Idaho Code.