Ohio § 926.05

§ 926.05.

(A) Each person desiring to obtain or renew a handler's license shall file an application

annually with the director of agriculture at such times, on such forms, and containing

such information as the director prescribes, including, if applicable, the appointment

of a statutory agent under section 926.051 of the Revised Code . (B) Each application for a license or license renewal shall be accompanied by an application

fee of two hundred dollars for the first facility operated by the applicant plus one

hundred dollars for each additional facility operated by the same applicant and by

an examination fee, established by rule of the director pursuant to section 926.02 of the Revised Code , for each facility operated by the applicant.  “ Facility ” means all warehouse storage located on one premises, including any additional warehouse

storage located within one thousand yards of that premises.  The director may charge fees for examinations in an amount not to exceed those fees

charged by the United States department of agriculture for comparable examinations. The director shall deposit all fees collected under this section in the commodity

handler regulatory program fund created in section 926.19 of the Revised Code . (C) The director shall approve or reject each application for a license within fifteen

days after receipt thereof, provided that such application is in proper form and contains

the information required under division (A) of this section.  A rejection of an application shall be accompanied by a statement from the director

of the additional requirements necessary for a license.  The applicant may resubmit the application without payment of any additional fee. (D) A handler's license shall expire on the date prescribed by rule of the director.  Whenever the director considers it advisable to cancel the unexpired portion of

an outstanding license in order to renew it according to a new or existing system

of expiration dates, the director shall refund to the handler the unexpired portion

of the fees paid under division (B) of this section.  Whenever the director issues an initial license on a date that does not conform

to the existing system, the director shall issue the license for a period of time,

not less than six nor more than eighteen months, that makes the date conform to the

existing system.  The application fee for that initial license shall be proportionate to the fee for

a one-year license. (E) An application for renewal of a handler's license shall be filed with the director

not later than thirty days before the current license expires.  An applicant who fails to file a renewal application in time shall pay a late fee

of one dollar for each day the application is late or fifteen dollars, whichever is

greater.  A renewal license shall not be issued until a late fee that is due has been paid. (F) The director, with the approval of the commodity advisory commission, may, except

as provided in division (G) of this section, revoke or refuse to issue or renew a

handler's license if any of the following occurred within five years before the application

for the license or renewal was filed: (1) The applicant, or the spouse, parent, sibling, or child of the applicant, or a manager

employed by the applicant, or any other individual materially involved in the agricultural

commodity handling business of the applicant was a principal in a receivership or

insolvency that resulted in losses to creditors or to the agricultural commodity depositors

fund established in section 926.16 of the Revised Code ; (2) The applicant pled guilty to or was convicted of any felony or charge of embezzlement

under the laws of this state, any other state, or of the United States; (3) The applicant made a delivery of commodities not authorized under this chapter; (4) The applicant's license under the “United States Warehouse Act,” 39 Stat. 486 (1916), 7 U.S.C. 241 , as amended, was revoked or canceled due to a violation of that act. (G) The director shall not refuse to issue a handler's license because an applicant was

convicted of or pleaded guilty to an offense unless the refusal is in accordance with section 9.79 of the Revised Code .