22.09.345 - Inspections -- Notice, when issued -- Failure to comply, penalty -- Court order -- Costs, expenses, attorneys' fees.

Inspections — Notice, when issued — Failure to comply, penalty — Court order — Costs, expenses, attorneys' fees.

(1) The department may give written notice to the warehouseman or grain dealer to submit to inspection, and/or furnish required reports, documents, or other requested information, under such conditions and at such time as the department may deem necessary whenever a warehouseman or grain dealer fails to:

     (a) Submit his books, papers, or property to lawful inspection or audit;

     (b) Submit required reports or documents to the department by their due date; or

     (c) Furnish the department with requested information, including but not limited to correction notices.

     (2) If the warehouseman or grain dealer fails to comply with the terms of the notice within twenty-four hours from the date of its issuance, or within such further time as the department may allow, the department shall levy a fine of fifty dollars per day from the final date for compliance allowed by this section or the department. In those cases where the failure to comply continues for more than thirty days or where the director determines the failure to comply creates a threat of loss to depositors, the department may, in lieu of levying further fines petition the superior court of the county where the licensee's principal place of business in Washington is located, as shown by the license application, for an order:

     (a) Authorizing the department to seize and take possession of all books, papers, and property of all kinds used in connection with the conduct or the operation of the warehouseman's or grain dealer's business, and the books, papers, records, and property that pertain specifically, exclusively, and directly to that business; and

     (b) Enjoining the warehouseman or grain dealer from interfering with the department in the discharge of its duties as required by this chapter.

     (3) All necessary costs and expenses, including attorneys' fees, incurred by the department in carrying out the provisions of this section may be recovered at the same time and as part of the action filed under this section.

[1987 c 393 § 20; 1983 c 305 § 47.]

Notes: Severability -- 1983 c 305: See note following RCW 20.01.010.