Ohio § 926.14

§ 926.14.

(A) Whenever the director of agriculture determines that a licensed handler does not

have in his possession sufficient agricultural commodities to cover the outstanding

receipts and tickets issued or assumed by him under a bailment agreement, or when

the licensed handler refuses to submit his records or property to lawful inspection

as provided under this chapter, the director may give notice to the licensed handler

to: (1) Cover such shortage; (2) Furnish bond as required by the director; (3) Submit to such inspection as the director considers necessary. (B) If the licensed handler fails to comply with the terms of the notice within twenty-four

hours from the date of its issuance, or within such further time as the director may

allow, the director may petition the court of common pleas of the county where the

licensed handler's principal place of business is located, as shown by the license

application, for an order authorizing the director to seize and take possession of

all or a portion of the agricultural commodities located in the warehouse operated

by the licensed handler and of all pertinent records and other property. (C) Upon taking possession as provided in division (B) of this section, the director

shall notify the holders of record, as shown by the licensed handler's records, of

all receipts and tickets issued for agricultural commodities, to present their receipts

or tickets for inspection, or to account for the same.  The director may thereupon cause an audit and other investigation to be made of

the affairs of the licensed handler, especially with respect to the agricultural commodities

in which there is an apparent shortage, to determine the amount of such shortage and

compute the shortage as to each depositor as shown by the licensed handler's records,

if practicable. (D) The director shall retain possession obtained under this section until such time

as the licensed handler or the surety on any bond, required by the director under

authority of division (A)(2) of this section, has satisfied the claims of all depositors,

or until such time as the director is ordered by the court to surrender possession. (E) If during or after the audit or other investigation provided for in this section,

or at any other time, the director has evidence that the licensed handler is insolvent

or is unable to satisfy the claims of all depositors, the director may petition the

court of common pleas for the appointment of a receiver to operate or liquidate the

business of the licensed handler. (F) At any time within ten days after the director takes possession, the licensed handler

may serve notice upon the director to appear in the court of common pleas of the county

in which such warehouse is located at a time to be fixed by such court, which shall

not be less than five, nor more than fifteen, days from the date of the service of

such notice, and show cause why such possession should not be restored to the licensed

handler. (G) All necessary expenses incurred by the director or any receiver appointed under division

(E) of this section may be recovered from the licensed handler in separate civil action

brought by the director in the court of common pleas or recovered at the same time

and as a part of the seizure or receivership action filed under this section.  As a part of the expenses so incurred, the cost of adequate liability insurance

necessary to protect the director, the receiver, and others engaged in carrying out

this section may be included.