§ 3.1-709. (Repealed effective October 1, 2008) Grounds for refusal or revocation of license
The Commissioner may, in the public interest, refuse to grant a license, delay the issuance of a license, or revoke any license already granted when he shall be satisfied of the existence of any of the following causes:
(a) Where a money judgment has been entered against such commission merchant and upon which execution has been returned unsatisfied.
(b) Where false, fraudulent or improper charges or returns have been made by the licensee, for the handling, sale or storage of farm products, or for the rendering of any service in connection therewith.
(c) Where the licensee has failed or refused to render a true account of sales, or to make settlement thereon promptly and within the time and in the manner required by this law.
(d) Where the licensee has made false or misleading statements as to the grade, condition, quality or quantity of farm products received, handled, stored or held by him for sale on commission.
(e) Where the licensee has made false or misleading statements as to market conditions.
(f) Where there has been combination or combinations to fix prices.
(f1) Where the licensee has, directly or indirectly, purchased for his, or its own account farm products received by him or it, upon consignment, without prior authority from consignor in writing and at a price agreed to, fixed by the consignor. This subsection shall not apply to tobacco warehousemen purchasing tobacco through competitive bidding during the time tobacco is being sold at auction nor the operators of livestock auction markets who are prohibited from purchasing consigned livestock under the federal Packers and Stockyards Act of 1921 (42 Stat. 159).
(g) Where the licensee has made fictitious sales or has been guilty of collusion to defraud the consignor.
(h) Where the licensee, to whom any farm products have been consigned, reconsigned such farm products to another person, either in the city or town in which is located the licensee, or to some other point within or without the Commonwealth, unless consent of the consignor has been first obtained and in writing, or notice given in writing to the consignor by the consignee that all or a part of such shipment was reconsigned.
(i) Where the licensee sells farm products consigned to him or it, to another person, owned or controlled by him or it, or in which such licensee may be interested financially or otherwise, either directly or indirectly, unless notice is given, in writing, to the consignor by the licensee that all or a part of such shipment was sold to a person in which he or it is financially interested.
(j) Where the licensee was intentionally guilty of fraud or deception in the procurement of such license.
(k) Where the licensee has failed or refused to file with the Commissioner a schedule of his maximum commissions and other charges for services in connection with the produce handled on account of or as agent of another as prescribed in this article, prior to the first day of February of each year.
(l) When the licensee has failed or refused to obey and comply with any order of the Commissioner entered pursuant to the provisions of § 3.1-704 within the time specified in such order, or in case an appeal is taken from such action of the Commissioner, then within ten days from the time such order became final.
(m) When the licensee has failed or refused to comply with any assurance the Commissioner has required pursuant to § 3.1-695.
(n) When the licensee or his agents, contractors, employees, or persons acting in the capacity of his agents, contractors or employees, shall have violated any provision of this section.
(Code 1950, § 3-551; 1966, c. 702; 1979, c. 389.)Sections: Previous 3.1-702 3.1-703 3.1-704 3.1-705 3.1-706 3.1-707 3.1-708 3.1-709 3.1-710 3.1-711 3.1-712 3.1-713 3.1-714 3.1-715 3.1-716 Next
Last modified: April 16, 2009