8-15-13
Section 8-15-13 Public hearing on operations; notice of hearing; sworn testimony heard; authority
to subpoena witnesses; witness fees; production of books and records; appearance in person
or by counsel; failure to obey process; rules of evidence not applicable. (a) In the event
the Commissioner of Agriculture and Industries is of the opinion that a condition exists which
would jeopardize the interest of persons patronizing, or who may patronize, a public warehouse
by reason of the manner in which such public warehouse is being operated or that the same
is being operated without having complied with the laws or rules and regulations relating
to the operation of public warehouses, he shall order a public hearing thereon, to be held
in the office of the commissioner at Montgomery or at the courthouse of the county in which
the warehouse is being operated, to determine what action shall be taken relative to the said
warehouse. (b) It shall be the duty of the Commissioner of Agriculture...
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8-15-14
Section 8-15-14 Revocation of permit; liquidation of operation. (a) In the event that the Commissioner
of Agriculture and Industries upon a public hearing finds and determines that a public warehouse
is being operated in violation of law and regulations and in jeopardy of the public interest,
he shall thereupon revoke the permit to operate such public warehouse and, in his discretion,
he may take charge of the operation of such warehouse for the purpose of liquidating the same
under the direction of the circuit court having jurisdiction at the place of the operation
thereof and to operate same under the direction of the court for such time as may be necessary
to protect the public interest or to compel compliance with the laws and regulations relating
to the operation of public warehouses. (b) Upon taking charge thereof, the Commissioner of
Agriculture and Industries shall appoint in writing, under his hand and official seal, an
agent to assist him in the duty of liquidation and...
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8-15-6
Section 8-15-6 Permit - Notification of grant or denial; appeals. (a) The Commissioner of Agriculture
and Industries shall promptly notify any person applying for a permit to operate a public
warehouse whether or not such application has been granted. (b) In the event the Commissioner
of Agriculture and Industries refuses to grant such permit, the applicant may give written
notice, by filing the same with the chief clerk of the Department of Agriculture and Industries,
that he appeals from the decision of the commissioner to the State Board of Agriculture and
Industries. Such appeal must be heard at the next meeting of the board, at which time the
board shall investigate the facts and hear from both the commissioner or his duly authorized
agent and the applicant and, after due consideration, enter a written finding determining
whether or not such permit should be issued, spreading the same upon the minutes of the board.
(c) From the findings of the State Board of Agriculture and...
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8-15-3
Section 8-15-3 Permit - Required; application; fees. (a) The judge of probate of the county
may not issue a license permitting anyone to transact business as a public warehouseman unless
the person presents to the judge of probate a permit to transact such business issued by the
Commissioner of Agriculture and Industries showing that he or she has complied with all the
provisions of the law and rules and regulations promulgated by the State Board of Agriculture
and Industries relative to public warehouses. (b) Any person desiring to operate a public
warehouse shall file with the Commissioner of Agriculture and Industries, upon forms prescribed
by the commissioner, a written application, verified by affidavit, which shall set forth the
location and the name of such warehouse and the name of such person interested as owner or
principal in the management of the same or, if it is managed or controlled by a corporation,
the names of the president, secretary, and treasurer of such...
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8-15-7
Section 8-15-7 Permit - Bond and proof of insurance; prerequisite to issuance of permit; filing
of additional bonds; actions on bond. (a) In the event the Commissioner of Agriculture and
Industries decides that a permit to operate a public warehouse should be issued, he shall
fix the amount of the bond, which shall be furnished by the applicant and approved by the
commissioner prior to the issuance of the permit. In addition to the requirement of bond,
the commissioner may require the applicant, as a prerequisite to the issuance of such bond,
to furnish legal proof of warehouseman's legal liability insurance in effect on the commodities
to be stored in any such public warehouse. (b) Such bond shall be made with some surety company
that has complied with the laws of the State of Alabama and which has a reputation for promptly
settling claims upon their merits and shall be payable to the State of Alabama in such sum
as the Commissioner of Agriculture and Industries may fix, but in no...
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8-15-1
Section 8-15-1 Definition; supervision by Commissioner of Agriculture and Industries. (a) All
buildings, structures, or other protected enclosures used for storage of cotton or other articles
of value for the public, with or without compensation, and all buildings, structures, or other
protected enclosures for the storage of cotton or other articles of value where a statement
is issued acknowledging the receipt of the articles of goods stored and undertaking to deliver
the same are declared to be public warehouses. (b) All such warehouses shall be under the
supervision of the Commissioner of Agriculture and Industries, whose duty it shall be to enforce
the requirements of the law and the rules and regulations promulgated by the State Board of
Agriculture and Industries relative to public warehouses. (c) The term "public warehouse,"
as used in this chapter, shall not be construed as applying to any building, structure, or
protected enclosure, or portion thereof, used exclusively for the...
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8-15-5
Section 8-15-5 Permit - Investigation of building and applicant. (a) Upon the filing of an
application with the Commissioner of Agriculture and Industries to secure a permit for the
operation of a public warehouse, the commissioner or his duly authorized agent shall make
such investigation as necessary to ascertain whether or not the statements contained in such
application are true and correct, whether or not the building, structure, or protected enclosure
is reasonably suited or adequate for the purpose for which it is intended to be used and whether
or not there has been a compliance with all conditions as required by the law and the rules
and regulations of the State Board of Agriculture and Industries relative to public warehouses.
(b) The Commissioner of Agriculture and Industries may investigate and consider the responsibility,
reliability, and qualifications, as well as the capacity of the person or persons filing with
him an application, for a permit to operate a public...
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8-15-11
Section 8-15-11 Inspection of warehouses by commissioner and agents. (a) The Commissioner of
Agriculture and Industries and his duly authorized agents or employees shall have full power
and authority to inspect public warehouses, to audit the books thereof, to check the articles
or goods stored with the records or receipts, and to exercise such other power relative to
public warehouses as is necessary to ascertain whether or not the business is conducted in
such a manner as to protect the interest of the persons who are storing, or may store, articles
in such warehouse. (b) The inspectors, when instructed by the Commissioner of Agriculture
and Industries, shall make sworn reports of their findings, within 10 days after the completion
of the work assigned, to the commissioner, who shall hold and keep same in the records of
his office. Such reports, when sworn to, shall be public records and shall be prima facie
evidence of what they charge. (c) Such inspections shall be made at least...
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8-15-12
Section 8-15-12 Investigation of complaints against warehouse. Upon the filing of a complaint
in writing by any person with the Commissioner of Agriculture and Industries setting forth
a violation of the laws or rules and regulations relating to the operation of a public warehouse,
setting forth that the warehouse building, structure, or protected enclosure is not reasonably
suitable or adequate for the purpose for which it is used, setting forth facts showing that
there is a shortage of the articles which have been stored in said warehouse, setting forth
any other facts showing that the interests of the persons who have stored, or who may store,
articles in such warehouse are jeopardized or are not properly safeguarded and protected or
where such facts are ascertained by the commissioner by an investigation upon his own initiative,
or otherwise, the commissioner must make an investigation to ascertain whether or not the
facts alleged in the complaint are true or whether or not there...
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8-15-9
Section 8-15-9 Permit - Issuance; term; expiration date. (a) Upon the filing and approval of
a bond with the Commissioner of Agriculture and Industries, the commissioner must issue a
permit which will authorize the applicant to operate a public warehouse at the place, building,
structure, or enclosure named in the application upon such applicant's securing from the probate
judge of the county a license required by law to transact such business. (b) Such permit shall
not be issued for a longer period than one year and shall expire on July 31 next after the
issuance thereof. (Ag. Code 1927, §395; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §575;
Acts 1945, No. 476, p. 708.)...
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