pon oath or affirmation administered by he official before whom the hearing is eld, when required by him. Such oral earing may be adjourned by such official rom time to time. After reasonable noice to all parties concerned, the deposiion of any witness may be taken at a ime and place and before a person desigated for the purpose by the official beore whom the hearing is held. Every vritten entry in the records of the Deartment made by an officer or employee hereof in the course of his official duty, which is relevant to the issue involved n a hearing, shall be admissible as prima acie evidence of the facts stated therein without the production of such officer or mployee. Copies of all papers and all the evidence submitted or considered in uch hearing shall be made a part of the records of the Department. At the end ›f the oral hearing, the parties shall be afforded an opportunity to file proposed indings of fact, conclusions of law, and orders, after which the official before whom the hearing is held shall prepare his report including his recommended findings of fact, conclusions of law, and order, which shall be served upon the parties, who may file exceptions thereto within a time specified by such official. After the expiration of such time, such report together with any proposed findings of fact, conclusions of law, and orders, and exceptions filed by the parties shall be transmitted to the Secretary for consideration. Each party shall pay all expenses contracted by him in connection with any hearing under this section. [13 F. R. 8730, Dec. 30, 1948]

§ 103.79 One document and one license to cover several products.

A license may be issued for the storage of two or more agricultural products in a single warehouse. Where such a license is desired, a single application, inspection, bond, record, report, or other paper, document, or proceeding relating to such warehouse, shall be sufficient unless otherwise directed by the Administrator. § 103.80 Assets and bond; combination warehouses.

Where such license is desired, the amount of the bond, net assets, and inspection and license fees shall be determined by the Administrator in accordance with the regulations applicable to the particular agricultural product which would require the largest bond and the greatest amount of net assets

For the purposes of the regulations in this part, unless the context otherwise require, the following terms shall be construed, respectively, to mean:

(a) The act. The United States Warehouse Act, approved August 11, 1916 (39 Stat. 486; 7 U. S. C. 241-274), as amended. (b) Person. An individual, corporation, partnership, or two or more persons having a joint or common interest.

(c) Secretary. "Secretary" means the Secretary of Agriculture of the United States or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(d) Designated representative. Administrator.

The

(e) Administrator. The Administrator of the Service or any other officer or employee of the Service to whom authority has heretofore lawfully been delegated, or may hereafter lawfully be delegated, to act in his stead.

(f) Department. The United States Department of Agriculture.

(g) Service. The Consumer and Marketing Service of the Department.

(h) Regulations. Rules and regulations made under the act by the Secre tary.

(i) Warehouse. Any suitable building structure, or other protected inclosure ir which wool is or may be stored for interstate or foreign commerce, or, if located within any place under the exclusive jurisdiction of the United States, ir which wool is or may be stored and fo which a license has been issued unde the act.

(j) Warehouseman. Any person lawfully engaged in the business of storing wool.

(k) License. A license issued unde the act by the Secretary or his desig. nated representative.

(1) Grader. A person licensed unde the act by the Secretary or his desig nated representative, to grade and t certificate the grade of wool stored or t be stored in a licensed warehouse.

(m) Weigher. A person licensed unde the act by the Secretary or his desig nated representative, to weigh and t certificate the weight of wool stored o to be stored in a licensed warehouse.

(n) Receipt. A warehouse receipt.

(0) Kind of wool. Grease, scoured, or pulled, and sorted or unsorted wool, or sorted or unsorted mohair.

(p) State. A State, Territory, or District of the United States.

[5 F. R. 3607, Sept. 10, 1940, as amended at 13 F. R. 8729, Dec. 30, 1948]

WAREHOUSE LICENSES

§ 104.3 Application form.

Applications for licenses and amendments to licenses under the act shall be made to the Secretary upon forms prescribed for the purpose and furnished by the Service, shall be in English, shall truly state the information therein contained, and shall be signed by the applicant. The applicant shall at any time furnish such additional information as the Secretary or the Administrator may find to be necessary to the proper consideration of his application.

§ 104.4 Grounds for not issuing license.

A license for the conduct of a warehouse shall not be issued if it be found by the Secretary, or his designated representative, that the warehouse is not suitable for the proper storage of wool, that the warehouseman is incompetent to conduct such warehouse in accordance with the act and the regulations in this part, or that there is any other sufficient reason within the intent of the act for not issuing such license.

a

Any warehouseman conducting warehouse licensed or for which application for license has been made under the act shall have and maintain above all exemptions and liabilities net assets liable for the payment of any indebtedness arising from the conduct of the warehouse, to the extent of at least $15 per 1,000 pounds or fraction thereof of the maximum number of pounds of wool that the warehouse will accommodate when stored in the manner customary to the warehouse as determined by the Administrator: Provided, That the amount of such assets shall not be less than $5,000 and need not be more than $100,000. If such warehouseman has applied for licenses to conduct two or more warehouses in the same State, the assets applicable to all of which shall be subject to the liabilities of each, such warehouses shall be deemed to be one warehouse for the purposes of the assets

required under this section. For the purposes of this section only, paid-in capital stock shall not be considered a liability. Any deficiency in the required net assets may be supplied by an increase in the amount of the warehouseman's bond in accordance with § 104.12 (b). § 104.6 Posting license.

Immediately upon receipt of his license or of any amendment thereto under the act, the warehouseman shall post the same, and thereafter, except as otherwise provided in the regulations in this part, keep it posted, until suspended or revoked, in a conspicuous place in the principal office where receipts issued by the warehouseman are delivered to depositors.

§ 104.7 Suspension or revocation of li

cense.

Pending investigation, the Secretary, or his designated representative, whenever he deems necessary, may suspend a warehouseman's license temporarily without hearing. Upon written request and a satisfactory statement of reasons therefor submitted by a warehouseman, the Secretary, or his designated representative may, without hearing, suspend or revoke the license issued to such warehouseman. The Secretary or his designated representative may, after opportunity for hearing has been afforded in the manner prescribed in this section, revoke a license issued to a warehouseman when such warehouseman (a) is bankrupt or insolvent; (b) has parted, in whole or in part, with his control over the warehouse; (c) is in process of dissolution or has been dissolved; (d) has ceased to conduct such licensed warehouse; or (e) has in any other manner become non-existent or incompetent or incapacitated to conduct the business of the warehouse. Whenever any of the conditions mentioned in paragraphs (a) to (e) of this section shall come into existence, it shall be the duty of the warehouseman to notify immediately the Administrator of the existing condition. Before a license is permanently suspended or revoked for any violation of, or failure to comply with, any provision of the act or of the regulations in this part, or upon the ground that unreasonable or exorbitant charges have been made for services rendered, the warehouseman involved shall be furnished

When a license issued to a warehouseman terminates or is suspended or revoked by the Secretary or his designated representative, it shall be returned to the Secretary. At the expiration of any period of suspension of such license, unless it be in the meantime revoked, the dates of the beginning and termination of the suspension shall be indorsed thereon, it shall be returned to the warehouseman to whom it was originally issued, and it shall be posted as prescribed in § 104.6: Provided, That in the discretion of the Secretary or his designated representative a new license may be issued without reference to the suspension.

§ 104.9 Lost or destroyed warehouse license.

Upon satisfactory evidence of the loss or destruction of a license issued to a warehouseman, a duplicate thereof may be issued under the same number.

Now, therefore, if the said license (s) or any amendments thereto be granted and said principal, and its successors and assigns operating said warehouse(s), shall:

Faithfully perform during the period of one year commencing or until the termination of said license (s) in the event of termination prior to the end of the one year period, all obligations of a licensed warehouseman under the terms of the act and regulations thereunder relating to the above-named products; and

Faithfully perform during said one year period and thereafter, whether or not said warehouse (s) remain (s) licensed under the act, such delivery obligations and further obligations as a warehouseman as exist at the beginning of said one year period or are assumed during said period and prior to termination of said license (s) under contracts with the respective depositors of such products in the warehouse(s);

Then this obligation shall be null and void and of no effect, otherwise to remain in full force. For purposes of this bond, the aforesaid obligations under the act and regulations and contracts shall include obligations under any and all modifications of the act, the regulations, and the contracts that may hereafter be made, notice of which modifications to the surety being hereby waived. [28 F.R. 5637, June 8, 1963]

§ 104.12 Basis of amount of bond; additional amounts.

(a) Exclusive of any amount which may be added in accordance with paragraphs (b) and (c) of this section, the amount of such bond shall be at the rate of $15 per 1,000 pounds or fraction thereof of the maximum number of pounds of wool that the warehouse will accommodate when stored in the manner customary to the warehouse for which such bond is required, as determined by the Administrator but not less than $5,000 nor more than $50,000. If such warehouseman has applied for licenses to conduct two or more warehouses in the same State, the assets applicable to all of which shall be subject to the liabilities of each, and shall desire to give a single bond meeting the requirements of the act and the regulations in this part for the said warehouses, such warehouses shall be deemed to be one warehouse for the purposes of the bond required under §§ 104.11-104.15.

(b) In case of a deficiency in net assets as required by § 104.5, there shall be added to the amount of the bond fixed in accordance with paragraph (a) of this section, an amount equal to such deficiency.

(c) If the Secretary or his designated representative finds the existence of con

ions warranting such action, there all be added to the amount fixed in cordance with paragraphs (a) and (b) this section a further amount fixed · him to meet such conditions. 104.13

Amendment of license.

If application is made under § 104.3 for 1 amendment of a license, and no bond reviously filed by the warehouseman der §§ 104.11-104.15 covers obligations ising under such amendment, the arehouseman shall, when notice has een given by the Secretary, or his desnated representative, that such amendent will be granted upon compliance y such warehouseman with the act, file ith the Secretary, within a time, if any, ked in such notice, a bond complying ith the act, unless bond in sufficient mount has been filed since the filing of ach application. In the discretion of he Secretary, or his designated repreentative, a properly executed instruent in form approved by him, amendng, extending, or continuing in force nd effect the obligations of a valid bond reviously filed by the warehouseman nd otherwise complying with the act nd the regulations in this part may be led in lieu of a new bond.

104.14 New bond required each year. Whenever a license has been issued for period longer than 1 year, such liense shall not be effective beyond 1 ear from its effective date unless the Warehouseman shall have filed a new ond in the required amount with, and uch bond shall have been approved by, he Secretary or his designated repreentative, prior to the date on which that icense would have expired had it been ssued for but 1 year, subject to the rovisions of § 104.13.

104.15 Approval of bond.

No bond, amendment, or continuation hereof shall be deemed accepted for the urposes of the act and the regulations in his part until it has been approved by he Secretary or his designated repreentative.

name of the warehouseman and the designation, if any, of the warehouse; (2) the number of the license issued to the warehouseman; (3) a statement whether the warehouseman is incorporated or unincorporated, and, if incorporated, under what laws; (4) in the event the relationship existing between the warehouseman and any depositor is not that of strictly disinterested custodianship, a statement setting forth the actual relationship; (5) a statement, conspicuously placed, whether the wool is insured by the warehouseman and, if insured, to what extent and whether against fire, lightning, or otherwise; (6) the kind of wool; (7) a blank space designated for the purpose in which, if the wool is not commingled, a careful estimate of the shrinkage of the wool may be stated, or in which, if the wool is commingled, a careful estimate of the shrinkage of the wool shall be stated; (8) if the wool is not commingled, its identification in accordance with § 104.34; (9) if the wool is commingled, a clear and conspicuous notation to that effect, and the designation of the lot or pile of which it is a part on the face of the receipt; and (10) the words "Negotiable" or "Nonnegotiable" and "Original" or "Copy" according to the nature of the receipt, clearly and conspicuously printed thereon.

(b) Every receipt, whether negotiable or nonnegotiable, issued for wool stored in a warehouse shall specify a period, not exceeding 1 year, for which the wool is accepted for storage under the act and the regulations in this part. Upon demand and surrender of the old receipt, by the lawful holder thereof, at or before the expiration of the specified period, and cancelation of the receipt, the warehouseman, upon such lawful terms and conditions as he may grant at such time to other depositors of wool in his warehouse, if he then continues to act as a licensed warehouseman, shall issue a new receipt for a further specified period not exceeding 1 year and shall indicate thereon the date when the wool was first received.

(c) Every negotiable receipt issued for wool stored in a warehouse shall, in addition to complying with the requirements of paragraph (a) of this section, embody within its written or printed terms the following: (1) If the wool covered by such receipt was graded by a licensed grader or weighed by a licensed weigher, a statement to that effect; (2) a form of indorsement which may be used by the