Iowa Admin. Code r. 21-91.23 - Electronic grain contract providers and provider agreements
A
(1)
Provider to he
approved by the USDA . No provider shall be approved by the department
unless the provider is first approved as a provider of "other electronic
documents" by the USDA pursuant to the provisions of 7 CFR Part 735 . Upon
department request, a provider shall provide a copy of the provider 's executed
USDA Form WA-490 and any addenda, and any other documentation requested by the
department to confirm that the provider is a USDA -approved provider in good
standing.
(2)
USDA action
against providers. In the event that the USDA shall take action to
deny, withdraw, suspend, reinstate or terminate a USDA provider agreement , the
department shall automatically take the same action and the provider shall be
subject to such action by the department . A provider shall notify the
department of any such actions taken by the USDA .
(3)
Notice requirements for
providers.
a. When entering into a
new user agreement , a provider shall provide written notice to the
department .
b. All notices to the
USDA required by 7 CFR Part 735 and by the USDA provider agreement shall also
be served upon the department except as specifically exempted in the provider
agreement .
c. In the user
agreement , a provider shall include a notice to the licensee that the data on
the provider 's central filing system is subject to disclosure to the department
and the USDA .
(4)
Provisions to cease issuing electronic grain contracts. Upon
notice by the department that a grain dealer license issued under Iowa Code
chapter 203 has expired or has been canceled, suspended or revoked, a provider
shall prohibit the licensee from entering into any electronic grain contracts
until further notice from the department . Upon notice by the department that a
licensee has had its right to purchase grain by credit-sale contract suspended
or denied under rule
21-91.17 (203), a provider shall prohibit the licensee from entering into any electronic
credit-sale grain contracts until further notice from the department .
(5)
Department access to electronic
grain contract data. A provider shall allow the department
unrestricted access to the central filing system for electronic grain contracts
issued on behalf of licensees. The electronic grain contract data shall be
maintained for six years after a contract has been canceled. Access shall be
made available in a manner that allows interaction with department
examinations. Access shall be free of any charge or costs to the
department .
(6)
Termination
of provider agreement . The department or provider may terminate the
provider agreement upon 60 days' written notice to the other party. The
department shall terminate a provider agreement on less than 60 days' notice in
accordance with subrule 91.23(2). Upon termination of the provider agreement ,
the provider shall immediately surrender to the department copies of the
electronic data and paper records for any electronic grain contracts contained
within the central filing system. Such data and paper record copies, however,
are limited to electronic grain contracts issued by licensees.
(7)
Authorization, jurisdiction and
liability. A provider shall be authorized to transact business in the
state of Iowa and shall consent to jurisdiction in the state of Iowa and venue
in Polk County, Iowa. A provider shall be liable to the department for costs
incurred by the department as a result of action taken in the event of a
failure of the central filing system or any inability to provide the access
required in subrule 91.23(5).
This rule is intended to implement Iowa Code sections 203.2, 203.15, and 203.17.
Notes
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