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2-17-402. Filing of petition.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-17-402. Filing of petition.
(a)(1) Following summary suspension of a license under § 2-17-215 or following a suspension or revocation of a license as otherwise provided in § 2-17-201 et seq., the Public Grain Warehouse Commissioner in his or her discretion may file a verified petition in the proper court requesting that the commissioner be appointed as a receiver to take custody of grain stored in the licensee's warehouse and to provide for the disposition of those assets in the manner provided in this subchapter and under the supervision of the court.
(2) The petition shall be filed in the county in which the warehouse is located.
(3) The proper court shall appoint the commissioner as receiver.
(b) Upon the filing of the petition, the court shall issue ex parte such temporary orders as may be necessary to preserve or protect the assets in receivership, or the value thereof, and the rights of depositors, until a plan of disposition is approved.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-17-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:2-17-402
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8f7fce4bcf2888f9b2a779691e4bd0e9a512f6a0f126537bedc8ce0c1d6ed095
Source location: content.xml paragraph 4434
Stored source content
2-17-402. Filing of petition.
(a)(1) Following summary suspension of a license under § 2-17-215 or following a suspension or revocation of a license as otherwise provided in § 2-17-201 et seq., the Public Grain Warehouse Commissioner in his or her discretion may file a verified petition in the proper court requesting that the commissioner be appointed as a receiver to take custody of grain stored in the licensee's warehouse and to provide for the disposition of those assets in the manner provided in this subchapter and under the supervision of the court.
(2) The petition shall be filed in the county in which the warehouse is located.
(3) The proper court shall appoint the commissioner as receiver.
(b) Upon the filing of the petition, the court shall issue ex parte such temporary orders as may be necessary to preserve or protect the assets in receivership, or the value thereof, and the rights of depositors, until a plan of disposition is approved.
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Arkansas Code — all titles (historical 2020) · legal_authorities
2-17-201. Title.
This subchapter shall be known as the “Arkansas Public Grain Warehouse Law”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-17-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-17-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-17-215. Suspension, cancellation, or revocation of licenses.
(a) If a public grain warehouseman is convicted of any crime involving fraud or deceit or if the Public Grain Warehouse Commissioner determines that any public grain warehouseman has violated any of the provisions of this subchapter or any of the rules adopted by the commissioner under this subchapter, the commissioner may suspend, cancel, or revoke the license of the public grain warehouseman.
(b)(1) All proceedings for the suspension, cancellation, or revocation of licenses shall be before the commissioner. The proceedings shall be in accordance with rules which shall be adopted by the commissioner.
(2)(A) No suspension, cancellation, or revocation of any license is lawful unless, before the institution of the proceedings, the commissioner has given notice by mail to the licensee of facts or conduct warranting the intended action and the licensee has been given an opportunity to show compliance with all lawful requirements for the retention of the license.
(B) If the commissioner finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined.
(C)(i) Whenever the commissioner shall suspend, cancel, or revoke any license, he or she shall prepare an order so providing which shall state the reason or reasons for the suspension, cancellation, or revocation.
(ii) The order shall be sent by certified mail by the commissioner to the licensee at the address of the public grain warehouse licensed.
(iii) Within thirty (30) days after service upon the licensee of the ord
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-17-215
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-17-215. This identifies an authority to review, not proof of applicability.