(1) Upon default of a wholesale produce dealer under any condition of the bond or letter of credit required by ORS 585.045, the State Department of Agriculture shall:
(a) Give reasonable notice to growers to file claims with the department.
(b) Fix a reasonable time within which such filing shall be done.
(c) Investigate each claim filed and reasonably verify the circumstances under which the claims accrued and the good faith of the claimants.
(2) With the approval of the claimants who filed claims, the department may settle such claims with the surety or letter of credit issuer, without filing legal action. Such settlement, unless appealed to the circuit court within 30 days as provided by law, is final between the surety or letter of credit issuer and all claimants covered by the bond or letter of credit.
(3) If any claimant does not agree with the findings of the department, the department shall file a declaratory judgment action without right to jury trial in the circuit court in the name of the State of Oregon for the benefit of the claimants as authorized by ORS chapter 28. Unless appealed as prescribed by law, the order of the court shall be final between the surety or letter of credit issuer and all claimants covered by the bond or letter of credit. [1961 c.282 §3; 1979 c.284 §176; 1991 c.331 §90]
Section: Previous 585.010 585.020 585.030 585.040 585.045 585.047 585.050 585.060 585.070 585.080 585.090 585.100 585.105 585.110 585.120 NextLast modified: August 7, 2008