§ 203C.6 — Issuance of license and financial responsibility

Iowa § 203C.6

• Jurisdiction: Iowa
• Title V: AGRICULTURE
• Ch. 203C: WAREHOUSES FOR AGRICULTURAL PRODUCTS

Text

upon the licensee or issuer is not cause for denying the appointment of a receiver and is not
grounds for invalidating any action or proceeding in connection with the appointment.
4. The department shall cause a copy of each of the documents served upon the licensee
under subsection 3 to be mailed by ordinary mail to every person holding a warehouse
receipt or unpriced scale weight ticket issued by the licensee, as determined by the records
of the licensee or the records of the department. The failure of any person referred to in this
subsection to receive the required notification shall not invalidate the proceedings on the
petition for the appointment of a receiver or any portion thereof. Persons referred to in this
subsectionarenotpartiestotheactionunlessadmittedbythecourtuponapplicationtherefor.
5. When appointed as a receiver under this chapter, the department shall cause
notification of the appointment to be published once each week for two consecutive weeks
in a newspaper of general circulation in each of the counties in which the licensee maintains
a business location, and in a newspaper of general circulation in this state.
6. The department may designate an employee of the department to appear on behalf of
the department in any proceedings before the court with respect to the receivership, and to
exercise the functions of the department as receiver under this section and section 203C.4,
except that the department shall determine whether or not to petition for appointment as
receiver, shallapprovetheproposedplanfordispositionofstoredcommodities, shallapprove
the proposed plan for distribution of any cash proceeds, and shall approve the proposed final
report.
5 WAREHOUSES FOR AGRICULTURAL PRODUCTS, §203C.4
7. The actions of the department in connection with petitioning for appointment as a
receiver, and all actions pursuant to such appointment, shall not be subject to the provisions
of the administrative procedure Act, chapter 17A.
8. A person employed or appointed by the department and carrying out the duties of the
department acting as receiver under this chapter shall be deemed to be an employee of the
state as defined in section 669.2. Chapter 669 is applicable to any claim as defined in section
669.2 against the person carrying out the duties of the department acting as receiver.

Legislative History

[C79, 81, §543.3]