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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 8. After the agency has determined that a grain buyer or warehouse has defaulted payment or had its license revoked, the board shall have the following duties:
(1) Determine the valid claims and the amount of such claims to be paid to claimants for financial losses that were incurred due to the revocation of a license of a grain buyer or warehouse operator.
(2) Investigate and question claimants as to their marketing methods and the losses claimed by the claimants.
(3) Obtain credible documentation of any and all losses claimed by the claimants.
(4) Document, in writing, each claim by having the following information presented and approved by the board:
(A) Name of the claimant.
(B) How long the grain had been stored or sold.
(C) If title passed, at what price the financial loss was determined.
(D) If stored, at what price the financial loss was determined.
(E) Whether the financial loss was a result of normal marketing practices.
Any information submitted under this subdivision by the claimant must be signed and affirmed under the penalties for perjury.
(5) Authorize payment of money from the fund when necessary for the purpose of compensating claimants in accordance with the provisions of this chapter.
(6) Collect money through subrogated claims against bonds filed under IC 26-3-7 in the place of claimants who collected for a loss incurred due to the revocation of a license of a warehouse or grain buyer.
(7) Borrow money as authorized under IC 26-4-3-9 if the fund has insufficient money to cover approved claims.
(8) Deposit into the fund any remaining grain assets of a grain buyer or warehouse operator whose license has been revoked for the purpose of repayment to the fund the money used to pay claimants, subject to any priority lien right a holder of a mortgage, security interest, or other encumbrance may possess under any other applicable law. Any repayment into the fund may not exceed the principal amount paid to claimants plus interest at the rate paid on ninety (90) day United States Treasury bills.
(9) If the amount in the fund is insufficient to pay all approved claims in accordance with this chapter and the board is unable to borrow funds for whatever reason, authorize payment of all the approved claims on a pro rata basis.
Cite this article: FindLaw.com - Indiana Code Title 26. Commercial Law § 26-4-6-8 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-26-commercial-law/in-code-sect-26-4-6-8/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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