(1) The State Department of Agriculture may refuse to grant a license, and may revoke or suspend any license, as the case may require, when it is satisfied of the existence of any of the following facts:
(a) That fraudulent charges or returns have been made by the applicant or licensee for the handling, sale or storage of, or for rendering any service in connection with the handling, sale or storage of, any produce.
(b) That the applicant or licensee has failed or refused to render a true account of sales, or to make a settlement thereon, or to pay for produce received, within the time and in the manner required by ORS 585.010 to 585.220.
(c) That the applicant or licensee has made any false statement as to the condition, quality or quantity of produce received, handled, sold or stored by the applicant or licensee.
(d) That the applicant or licensee, directly or indirectly, has purchased for the account of the applicant or licensee produce received by the applicant or licensee, upon consignment without prior authority from the consignor, together with price fixed by consignor, or without promptly notifying the consignor of such purchase; but this does not prevent any wholesale produce dealer, selling produce on commission, from taking to account of sales, in order to close the day’s business, miscellaneous lots or parcels of produce remaining unsold, if such wholesale produce dealer forthwith enters such transaction on the account of sales of the wholesale produce dealer.
(e) That the applicant or licensee has made fictitious sales or has been guilty of collusion to defraud any grower of produce.
(f) That any wholesale produce dealer to whom any consignment is made had reconsigned such consignment to another wholesale produce dealer for the purpose of receiving, collecting or charging by such means more than one commission for making the sale therefor for the consignor, unless by the consent of the consignor.
(g) That the licensee was intentionally guilty of fraud or deception in the procurement of the license.
(h) That the licensee or applicant has failed or refused to file with the department a schedule of charges for services in connection with produce handled on account of or as an agent of another.
(i) That the licensee has violated any provision of ORS 585.010 to 585.220.
(2) The provisions of ORS 561.305, pertaining to the revocation, suspension or refusal to issue licenses, apply to this section.
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