34-230. License; issuance, when; renewal; posting; suspension or revocation; appeal.
34-230
34-230. License; issuance, when; renewal; posting;suspensionor revocation; appeal.(a) Upon receiving the application and financial statement required by thisact, the secretaryshall make aninvestigation and inspection of the warehouse or warehouses covered by theapplication. The secretary may issue a license to theapplicant if:
(1) The applicant furnishes the bond or letter of credit required byK.S.A. 34-229, and amendments thereto;
(2) the warehouse or warehouses are found suitablefor the proper storage of grain for which a license is applied for; and
(3) the applicant complies with all requirements for licensure prescribedby this act and rules and regulations adopted under this act.
(b) Every license shall be dated and shall designate the name of thelicensee and the location of the licensed warehouse or warehouses.
(c) Each license shall expire one year from the date of its issuanceexcept that, for the purpose of equitably distributing application dates ofwarehouse licenses throughout each calendar year, thesecretary may issuelicenses for periods longer than one year but not longer than two years.Licenses for periods longer than one year shall be charged the annuallicense fee, plus a monthly fee in proportion to the annual license fee forthe number of months the license is issued beyond one year.
(d) Any licensee making application for renewal of a license shallsubmit the application, together with the licensee's financial statementand any additional information required, at least 30 days prior to the dateof expiration of the licensee's current license. For each day that thelicensee is late in submitting the application and required information,the licensee shall be penalized an additional fee of $5.
(e) The license shall be posted in a conspicuous place in the officeroom of the licensed warehouse at all times during the operationof the warehouse.
(f) If a licensee is convicted of any violation of the provisions of thisact or if the secretary determines that a licensee does not comply with anyrequirementfor licensure or has violated any provision of this act or of the rules andregulations adopted under this act, the secretary may at the secretary'sdiscretion suspend or revoke the license of thelicensee. All proceedingsfor the suspension or revocation of licenses shall be conducted inaccordance with the provisions of the Kansas administrative procedure act.
(g) The licensee, if dissatisfied with the order of thesecretary, mayappeal in the manner provided by law.
History: L. 1931, ch. 194, § 8;L. 1955, ch. 232, § 7;L. 1957, ch. 253, § 3;L. 1967, ch. 230, § 1;L. 1982, ch. 180, § 2;L. 1983, ch. 137, § 3;L. 1984, ch. 151, § 3;L. 1986, ch. 152, § 2;L. 1988, ch. 356, § 72;L. 1990, ch. 143, § 1;L. 1997, ch. 160, § 20;L. 2000, ch. 30, § 3; Mar. 30.