Or. Admin. Code § 603-032-0110 - Licenses
(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 fee.
(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 holder.
(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 cancellation.
(5) Every 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 such surrender.
(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.
(7)
(a) The 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.
(b) 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
records;
(C) Whether all of the
grain storage facilities of a warehouseman in a particular locality are listed
in the application.
Notes
Stat. Auth.: ORS 586
Stats. Implemented: ORS 586.225 - ORS 586.561
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