Section 49-45-27 – Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty.
49-45-27. Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty. The owner, manager, or chief executive officer of a grain buyer, or any other person in a managerial position, who is responsible for any violation of this chapter by a grain buyer is subject to any criminal penalty that applies […]
Section 49-45-28 – Parent company furnishing financial statements responsible for financial obligations of licensed entity.
49-45-28. Parent company furnishing financial statements responsible for financial obligations of licensed entity. If an applicant for a grain buyer license that is a subsidiary of a parent company submits the financial statements of the parent company, the parent company furnishing the financial statements is responsible for all the financial obligations incurred by the licensed […]
Section 49-45-29 – Grain broker–Prohibited activities–Penalty–Civil fine.
49-45-29. Grain broker–Prohibited activities–Penalty–Civil fine. It is a Class 5 felony for a grain broker to: (1)Negotiate or attempt to negotiate a grain transaction with a grain buyer, who is not licensed in accordance with this chapter; or (2)Take title or attempt to take title to grain that is subject to a transaction being negotiated […]
Section 49-46-1 – Definition of terms.
49-46-1. Definition of terms. Terms used in this chapter mean: (1)”Covered utility,” in any calendar year a public utility which during the second preceding calendar year, had either sales of natural gas, for purposes other than resale, which exceeded ten billion cubic feet, or sales of electric energy, for purposes other than resale, which exceeded […]
Section 49-46-2 – Rules for development and implementation of program–Submission of program plan to federal Department of Energy.
49-46-2. Rules for development and implementation of program–Submission of program plan to federal Department of Energy. The office may promulgate, monitor and enforce rules pursuant to chapter 1-26 for the development and implementation of a residential conservation service program in furtherance of the National Energy Conservation Policy Act, 42 USC 8201, et seq. The office […]
Section 49-46-3 – Utilities’ duties–Liability for violations.
49-46-3. Utilities’ duties–Liability for violations. All covered utilities shall offer a residential energy audit to each of its eligible customers pursuant to the state plan. All covered utilities shall comply in good faith with all the provisions of the state plan. If a covered utility violates the state plan, it shall pay for all costs […]
Section 49-46-4 – Civil fine for violation by utility–Enforcement action–Venue.
49-46-4. Civil fine for violation by utility–Enforcement action–Venue. Any covered utility that violates any mandatory provision of the state plan promulgated under this chapter is subject to a civil fine not to exceed five hundred dollars per day for each day that the covered utility is in violation. Upon the request of the office, the […]
Section 49-45-17 – Recovery of damages for breach of obligation under bond–Notice to commission–Time for commission response.
49-45-17. Recovery of damages for breach of obligation under bond–Notice to commission–Time for commission response. Any person injured by the breach of any obligation of a grain buyer, for the performance of which a bond has been given under any of the provisions of this chapter, may sue on the bond in the person’s own […]
Section 49-45-18 – Audit of scale tickets–Certification of quantity and class of grain.
49-45-18. Audit of scale tickets–Certification of quantity and class of grain. If the commission becomes aware of any act by any grain buyer as described in §49-45-16, the commission may: (1)Undertake an immediate audit and verify the names and addresses of all outstanding scale ticket holders as revealed by the audit, and audit and certify […]
Section 49-45-19 – Grain buyer license—Revocation—Filing of claims.
49-45-19. Grain buyer license—Revocation—Filing of claims. Upon the revocation of a grain buyer license, any claim against the grain buyer arising under this chapter must be made in writing and filed with the commission, within ninety days after receiving notice of the revocation. Upon the revocation of a grain buyer license, the commission shall: (1)Once […]