88-542. Inspections authorized. The property, books, records, accounts, papers, and proceedings of every warehouse shall, at all times during business hours, be subject to inspection by the commission. Source Laws 1987, LB 164, § 18.
88-543. Prohibited acts; penalty. (1) No warehouse licensee or partner, limited liability company member, officer, or agent thereof shall: (a) Issue a receipt for grain not actually received. If at any time there is less grain in a warehouse than outstanding receipts issued for grain, there shall be a presumption that the warehouse licensee or […]
88-543.01. Civil penalty. The commission may assess a civil penalty, pursuant to section 75-156, against any person who violates the Grain Warehouse Act. Source Laws 2003, LB 735, § 15.
88-544. Storage; termination. At the election of the warehouse licensee and under rules and regulations adopted and promulgated by the commission, storage in a warehouse operated by such licensee may be terminated on application to the commission and upon good cause shown according to the rules and regulations of the commission. Subject to such rules […]
88-545. Commission; enforce act; rules and regulations; violation; penalty; damages; prosecution. The commission shall enforce the Grain Warehouse Act and shall adopt and promulgate rules and regulations to aid in the administration of the act. Any person or partner, limited liability company member, officer, or agent of any person who violates the Grain Warehouse Act […]
88-545.01. Commission; contracts for audit or examination work authorized; Grain Warehouse Auditing Fund; created; use; investment. (1) The commission may enter into contracts with public or private entities which provide a benefit for both parties for purposes of performing audit or examination work. The commission shall conduct the work as time permits and shall not […]
88-546. License; suspension or revocation; procedure. The commission may, upon complaint filed by it or any person and after a hearing, suspend or revoke the license of any warehouse licensee for failure to comply with the requirements of the Grain Warehouse Act or any rule or regulation adopted and promulgated pursuant to such act. The […]
88-547. Warehouse; closure; when; commission; powers. If the commission determines that a shortage of grain exists or that the quality of grain in storage is insufficient to meet the obligations at a warehouse, if a license expires and is not renewed, if a license is surrendered to or canceled or revoked by the commission for […]
88-547.01. Deposit of grain; how treated; priority of liens; effect. (1) For purposes of the Grain Warehouse Act, whenever any grain is physically deposited into any public warehouse and a scale ticket or warehouse receipt is issued therefor, such deposit shall be grain in storage. Such deposit does not constitute a sale of the grain, […]
88-547.02. Judicial proceeding; notice required. Prior to or within ten days after any creditor of the warehouse licensee commences a judicial proceeding to reduce to judgment, foreclose, or otherwise enforce any claim on a creditor’s lien or security interest attached to grain contained in the warehouse, the creditor shall serve written notice on the executive […]
88-548. Federal licensee; exemption from act; duties; commission; grain probe; duties; violation; penalty. (1) Any grain dealer, person, firm, corporation, or association in this state licensed under the United States Warehouse Act shall be exempt from the Grain Warehouse Act, except that each licensee under the United States Warehouse Act shall (a) annually notify the […]
88-549. Warehouse; notice to person storing grain; violation; penalty. At least once each calendar year and not later than one year from the date of receipt of the previous written notice, each warehouse licensee shall send written notice to each person who stores grain in such warehouse at such person’s last-known address specifying the type […]
88-550. Grain dust inspections; Department of Environment and Energy; commission; duties. The Department of Environment and Energy and the commission shall, during the course of their regular inspections required by law, inspect warehouses for conditions which are or may be conducive to grain dust explosions. Such conditions shall include, but not be limited to, the […]
88-551. Fees; where credited. Except as provided in sections 88-527, 88-545.01, and 88-552, all fees collected pursuant to the Grain Warehouse Act shall be paid to the State Treasurer and credited to the General Fund. Source Laws 1987, LB 164, § 27; Laws 1996, LB 1123, § 6.
88-552. Nebraska Grain Warehouse Surveillance Cash Fund; created; use; investment. There is hereby created in the state treasury a fund to be known as the Nebraska Grain Warehouse Surveillance Cash Fund. Such fund shall be used solely for disbursing funds and receiving reimbursement for services performed by the commission in the suspension or termination of […]
