(1) Every person
who has not complied with the requirements of subsection (4) of Section
586.300 of the Act and who
desires to engage in business as a public warehouseman under the provisions of
the Act, shall, prior to the commencement of such business, file with the
Department a surety bond or letter of credit executed in favor of the State of
Oregon. Such bond shall be executed by a corporate surety qualified to do
business in the State of Oregon. No warehouseman's license shall be issued
prior to the Department's approval of such bond or letter of credit.
(2) Warehouse licenses shall be issued yearly
and shall expire on June 30 of each year. Licenses issued for a fractional part
of the fiscal year shall be paid for at the rate of the full annual warehouse
(3) Warehouse licenses issued
under the Act shall be non-transferable. Such licenses shall automatically
terminate upon the transfer or cessation of business by the license
(4) Upon termination of a
warehouseman's license by suspension of business, transfer of ownership,
revocation of license, or for any other cause, such license shall be
immediately surrendered to the Department for cancellation. No refund of
license fees shall be made by the Department in the event of such
warehouseman who discontinues the operation of a public warehouse shall
surrender all blank and unused warehouse receipts to the Department for
cancellation. No refund of pro rata costs of such receipts shall be made upon
(6) All grain
warehouses or elevators at one station will be licensed by the Department under
one permanent license number. Individual warehouses (including adjoining
warehouse buildings or facilities or those structurally connected, or connected
by power conveyor, gravity, spout, or other mechanical devices capable of
conveying grain from one such building or facility to the other) will be
designated by the Department by a suffix letter "A", "B", "C", etc. The
applicable assigned suffix number is to be painted on each warehouse when two
or more houses or elevators are at one station.
Department in determining whether certain grain warehouses or elevators should
be one station shall take into consideration:
(A) Whether the proposed grain storage
facilities are in the same trading area; and
(B) Whether the proposed grain storage
facilities can be reasonably audited by the Department.
In determining whether grain storage
facilities which it is proposed to consolidate can be reasonably audited by the
Department, the following matters will be considered:
(A) Whether all grain storage facilities have
the same cutoff for examination of records and physical measure-up;
(B) Accessibility and adequacy of
(C) Whether all of the
grain storage facilities of a warehouseman in a particular locality are listed
in the application.
Or. Admin. R.
AD 586, f. 7-28-58, ef.
7-25-58; AD 670, f. 6-16-61, ef. 7-1-61; AD 703, f. 5-21-62; AD 877(7-68), f.
4-30-68, ef. 7-1-6; DOA 9-1998, f. & cert. ef.
Stat. Auth.: ORS 586
Stats. Implemented: ORS
586.225 - ORS