LD 1572
pg. 4
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LR 545
Item 1

 
1. Acts enumerated. The commissioner or the commissioner's duly
authorized agent may refuse to grant or renew a license, after
notice and opportunity for a hearing is provided in a manner
consistent with the Maine Administrative Procedure Act as to
adjudicatory proceedings, upon a finding that any of the following
acts have existed within 2 years of the date of the filing of an
application for license:

 
A. That fraudulent charges or returns have been made by the
applicant or licensee for the handling, sale or storage of
potatoes or rotation crops, or for the rendering of any
service in connection with the handling, sale or storage of
potatoes or rotation crops;

 
B. That the applicant or licensee has failed or refused to
render a true account of sales, or to make a settlement
thereon, within the time and in the manner required by this
Article, or has failed or refused to pay for potatoes or
rotation crops purchased by the applicant or licensee within
30 calendar days after acceptance of the potatoes or
rotation crops;

 
C. That the applicant or licensee has knowingly made any
false material statement as to the condition, quality or
quantity of potatoes or rotation crops received, handled,
sold, purchased or stored by the applicant or licensee;

 
D. That the applicant or licensee directly or indirectly
has purchased for that applicant's or licensee's own
account, potatoes or rotation crops received by the
applicant or licensee upon consignment without prior
authorization from consignor together with price fixed by
consignor or without promptly notifying the consignor of
such purchase. This does not prevent any dealer, processor,
broker, agent or retailer, in order to close the day's
business, from taking into account in the record of sales
miscellaneous lots or parcels of potatoes or rotation crops
remaining unsold, if such dealer, processor, broker, agent
or retailer on the business day next following properly
enters any such transaction in that applicant's or
licensee's accounts;

 
E. That the applicant or licensee has made any substantial
misrepresentation as to the conditions of the market for
potatoes or rotation crops;

 
F. That the applicant or licensee has made fictitious sales
or has defrauded or attempted to defraud a producer;


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