3.2-4724 - Grounds for refusal or revocation of license.
§ 3.2-4724. Grounds for refusal or revocation of license.
The Commissioner may refuse to grant a license, delay the issuance of alicense, or revoke any license when he finds that:
1. A money judgment that has been entered against a commission merchant hasnot been satisfied;
2. False, fraudulent, or improper charges or returns have been made by thelicensee for the handling, sale, or storage of farm products, or for therendering of any related service;
3. The licensee has failed to render a true account of sales, or to settlepromptly and within the time and in the manner required by this article;
4. The licensee has made false or misleading statements as to the grade,condition, quality or quantity of farm products received, handled, stored orheld by him for sale on commission;
5. The licensee has made false or misleading statements as to marketconditions;
6. There has been a combination to fix prices;
7. The licensee has, directly or indirectly, purchased for his or its ownaccount farm products received by him or it, upon consignment, without priorauthority from consignor in writing and at a fixed price agreed to by theconsignor. This subdivision shall not apply to operators of livestock auctionmarkets who are prohibited from purchasing consigned livestock under thefederal Packers and Stockyards Act of 1921 (42 Stat. 159), as amended;
8. The licensee has made fictitious sales or has been guilty of collusion todefraud the consignor;
9. The licensee has reconsigned the farm products to another person withoutfirst obtaining the written consent of the consignor or written notice hasnot been given by the licensee to consignor that all or a part of theshipment was reconsigned;
10. The licensee sells farm products consigned to him or it, to anotherperson owned or controlled by the licensee, or in which the licensee may havea financial or other interest, either directly or indirectly, and no noticehas been given, in writing, to the consignor by the licensee that all or apart of such shipment was sold to a person in which the licensee has afinancial or other interest;
11. The licensee was intentionally guilty of fraud or deception in theprocurement of the license;
12. The licensee has failed to file with the Commissioner a schedule of hismaximum commissions and other charges for services for the produce handled onaccount of or as agent of another as prescribed in this article, prior to thefirst day of February of each year;
13. The licensee has failed to obey and comply with any order of theCommissioner entered pursuant to the provisions of subsection B of § 3.2-4722within the time specified in such order, or in the case of an appeal within10 days of the time the Commissioner's order became final;
14. The licensee has failed to comply with any assurance the Commissioner hasrequired pursuant to subsections C and D of § 3.2-4711; or
15. The licensee, his agents, contractors, or employees are guilty ofviolating any provision of this section.
(Code 1950, § 3-551; 1966, c. 702, § 3.1-709; 1979, c. 389; 2008, c. 860.)