1956 



Agricultural Law 



[Art. 12-a. 



False 

 Etatement. 



Examina- 

 tion of 

 documents. 



Failure 

 to obtain 

 settlement. 



Explana- 

 tion. 



Time. 



Service 

 of com- 

 plaint. 



Time. 



Hearing. 



Decision. 



Action. 



true aceoimts and settlements at prompt and regular intervals, 

 the making- of false statements as to condition, quality or quantity 

 of goods received, or while in storage, the making of false state- 

 ments as to market conditions, with intent to deceive, or the 

 failure to make payment for goods received or other alleged 

 injurious transactions; and for such purpose may examine at 

 the place of business of the licensee, that portion of the ledgers, 

 books of account, memoranda or other documents, relating to 

 the transactions involved, of any commission merchant, and 

 may take testimony therein under oath. When a consignor 

 of farm produce fails to obtain satisfactory settlement in any 

 transaction, after having notified the consignee, a certified com- 

 plaint may be filed, at the expiration of ten days after such notifi- 

 cation, with the commissioner of agriculture. The commissioner 

 of agriculture shall attempt to secure an explanation or adjust- 

 ment, failing this, within seven days he shall cause a copy thereof, 

 together with a notice of a time and place for a hearing on such 

 complaint, to be served personally, or by mail, upon such com- 

 mission merchant. Such service shall be made at least seven days 

 before the hearing, which shall be held in the city, village or town- 

 ship in which is situated the place of business of the licensee. At 

 the time and place appointed for such hearing, the commissioner 

 or his assistants shall hear the parties to such complaint, shall 

 have power to administer an oath, and shall enter in the office of 

 the commissioner of agriculture at Albany a decision either dis- 

 missing such complaint or specifying the facts which he deems 

 established on such hearing, and in case such facts are established 

 as cause him to revoke such license, he shall bring an action on 

 the bond within sixty days of the filing of such decision. {As 

 added hy chdpter 457 of the Laws of 1913.) 



Refusal 

 and revo- 

 cation of 

 license. 



Judgment. 



§ 280. Granting and revoking licenses. The commissioner of 

 agriculture may decline to grant a license or may revoke a license 

 alreadv Granted where he is satisfied of the existence of the fol- 

 lowing cases or any of them: 1. Where a money judgment has 

 been entered against such commission merchant and upon which 

 execution has been returned unsatisfied. 



