15.35.240 - Milk dealer license -- Denial, suspension, or revocation of -- Grounds.

Milk dealer license — Denial, suspension, or revocation of — Grounds.

The director may deny, suspend, or revoke a license upon due notice and an opportunity for a hearing as provided in chapter 34.05 RCW concerning adjudicative proceedings, or rules adopted thereunder by the director, when he or she is satisfied by a preponderance of the evidence of the existence of any of the following facts:

     (1) A milk dealer has failed to account and make payments without reasonable cause, for milk purchased from a producer subject to the provisions of this chapter or rules adopted hereunder;

     (2) A milk dealer has committed any act injurious to the public health or welfare or to trade and commerce in milk;

     (3) A milk dealer has continued in a course of dealing of such nature as to satisfy the director of his or her inability or unwillingness to properly conduct the business of handling or selling milk, or to satisfy the director of his or her intent to deceive or defraud producers subject to the provisions of this chapter or rules adopted hereunder;

     (4) A milk dealer has rejected without reasonable cause any milk purchased or has rejected without reasonable cause or reasonable advance notice milk delivered in ordinary continuance of a previous course of dealing, except where the contract has been lawfully terminated;

     (5) Where the milk dealer is insolvent or has made a general assignment for the benefit of creditors or has been adjudged bankrupt or where a money judgment has been secured against him or her upon which an execution has been returned wholly or partially satisfied;

     (6) Where the milk dealer has been a party to a combination to fix prices, contrary to law; a cooperative association organized under chapter 23.86 RCW and making collective sales and marketing milk pursuant to the provisions of such chapter, directly or through a marketing agent, shall not be deemed or construed to be a conspiracy or combination in restraint of trade or an illegal monopoly;

     (7) Where there has been a failure either to keep records or to furnish statements or information required by the director;

     (8) Where it is shown that any material statement upon which the license was issued is or was false or misleading or deceitful in any particular;

     (9) Where the applicant is a partnership or a corporation and any individual holding any position or interest or power of control therein has previously been responsible in whole or in part for any act for which a license may be denied, suspended, or revoked, pursuant to the provisions of this chapter or rules adopted hereunder;

     (10) Where the milk dealer has violated any provisions of this chapter or rules adopted hereunder;

     (11) Where the milk dealer has ceased to operate the milk business for which the license was issued.

[2010 c 8 § 6051. Prior: 1989 c 307 § 36; 1989 c 175 § 47; 1987 c 164 § 1; 1971 ex.s. c 230 § 24.]

Notes: Legislative finding -- 1989 c 307: See note following RCW 23.86.007.

Application -- 1989 c 307: See RCW 23.86.900.

Effective date -- 1989 c 175: See note following RCW 34.05.010.