§ 105.63 Return of suspended or revoked licenses; termination of li

cense.

(a) In case a licensed issued to an inspector, grader, or weigher is suspended or revoked by the Secretary, or his designated representative, such license shall be returned to the Secretary. At the expiration of any period of suspension of such license, unless in the meantime it be revoked, the dates of the beginning and termination of the suspension shall be indorsed thereon and it shall be returned to the person to whom it was originally issued, and it shall be posted as prescribed in § 105.53.

(b) Any license issued to an inspector, grader, or weigher, shall automatically be suspended or terminated as to any licensed warehouse whenever the license of such warehouse shall expire or be suspended or revoked. Thereupon, the license of such inspector, grader, or weigher shall be returned to the Secretary. In case such license shall apply to other warehouses the Secretary, or his designated representative, shall issue to him a new license, omitting the names of the warehouses covering which licenses have been so suspended or revoked. Such new license shall be posted as prescribed in § 105.53.

§ 105.64 Lost or destroyed licenses.

Upon satisfactory proof of the loss or destruction of a license issued to an inspector, grader, or weigher, a duplicate thereof may be issued under the same number.

of broomcorn shall be stated as far as applicable, (a) in accordance with tentative standards of the United States, if any; (b) in accordance with the State standards, if any, established in the State in which the warehouse is located; (c) in the absence of any State standards, in accordance with the standards, if any, adopted by any broomcorn organization or by the broom or broomcorn trade generally in the locality in which the warehouse is located, subject to the disapproval of the Administrator or (d) in the absence of any of the aforesaid standards, in accordance with any standards approved for the purpose by the Administrator.

§ 105.68 Grade and condition to be based on whole bale.

Whenever the variety, grade, or condition of broomcorn is stated for the purposes of the act and the regulations in this part, the terms used shall be correctly applied and shall be so selected as not to convey a false impression of the broomcorn. In determining the variety, grade, or condition of a bale of broomcorn, the bale as a whole shall be considered rather than parts of it which do not materially affect the value of the entire bale.

§ 105.69 Statement of grade.

Whenever the grade of broomcorn is stated for the purposes of the act and the regulations in this part, it shall be based upon a careful and thorough examination of the bale of broomcorn or a representative sample thereof. In case the broomcorn in one part of a bale or sample is inferior to that in other parts of the bale or sample, the grade assigned to the broomcorn shall be an average considering the proportion that each part bears to the whole, and in case of a question as to which of two or more grades should be assigned to the broomcorn, the lowest grade in question shall be assigned. § 105.70

Statement of condition.

Whenever the condition of broomcorn is stated for the purposes of the act and the regulations in this part, it shall be based upon a careful and thorough examination of the bale of broomcorn.

dition of the broomcorn was correctly stated in a receipt, inspection certificate, grade certificate, or weight certificate issued under the act and the regulations in this part, or as to whether a sample was properly drawn by a licensed inspector in accordance with the regulations in this part, the licensed warehouseman concerned or any person financially interested in the broomcorn involved may, after reasonable notice to the other interested party, submit the question to an arbitration committee for determination in accordance with this section.

(b) Such arbitration committee shall be composed of three or more disinterested persons who are competent to pass upon the questions involved. If there be a local trade organization such as a board of trade, chamber of commerce, exchange, or inspection department which provides such a committee under a rule or practice acceptable to the Administrator for the purpose, such committee may determine the question. In the absence of such a committee, or if for any good reason not inconsistent with the act and the regulations in this part such committee is not acceptable to either of the parties interested, the complainant and the other party shall each name a member and the two members so named shall select a third member, who shall constitute the arbitration committee. Each member of any such committee shall at all times be subject for good cause to the disapproval of the Administrator, and in case any member is so disapproved he shall not thereafter act on an arbitration committee under this section unless such disapproval be withdrawn.

(c) It shall be the duty of such parties to acquaint the arbitration committee with the exact nature of the question to be determined and all the necessary facts and to permit the committee to examine the receipt, certificate, sample, or broomcorn involved or any papers or records needed for the determination of the question. The committee shall make a written finding setting forth the question involved, the necessary facts, and its determination. Such findings, or a true copy thereof, shall be filed as a part of the records of the licensed warehouseman involved. It may dismiss the matter without determination upon the request of the complainant, or for noncompliance by the complainant with the law or the regulations in this part, or because it is

without sufficient evidence to determine the question, in which case the decision shall be deemed to be against the complainant. Except as otherwise provided by law, its decision shall be final for the purposes of the act and the regulations in this part, unless the Administrator shall direct a review of the question. Any necessary and reasonable expense of such arbitration shall be borne by the losing party, unless the committee shall decide that such expense shall be prorated between the parties.

(d) If the decision of the arbitration committee be that the variety, grade, or condition was not correctly stated, the receipt or certificate involved shall be returned to and canceled by the licensee who issued it and he shall substitute therefor one conforming to the decision of the committee. If the decision of the committee be that a sample was not properly drawn in accordance with the regulations in this part, it shall cease to be a sample for the purposes of the regulations in this part, and the licensed inspector, at the request of any of the parties to the arbitration, shall draw and substitute a new sample, complying with the regulations in this part with respect to such sample.

Every person apply for a license, or licensed under section 9 of the act shall be subject to all portions of the regulations in this part, except § 105.5, so far as they may relate to warehousemen. In case there is a law of any State providing for a system of warehouses owned, operated, or leased by such State, a person applying for a license under section 9 of the act, to accept the custody of broomcorn and to store the same in any of said warehouses, may in lieu of a bond or bonds, complying with §§ 105.11 and 105.12, file with the Secretary a single bond meeting the requirements of the act and regulations in this part, in such form and in such amount not less than $5,000 as he shall prescribe, to insure the performance by such person, with respect to the acceptance of the custody of broomcorn and its storage in the warehouses in such system for which licenses are or may be issued, of his obligations arising during the periods of such licenses, and in addition, if desired by the applicant, during the periods of any modifications

Publications under the act and the regulations in this part shall be made in Service and Regulatory Announcements of the Consumer and Marketing Service and such other media as the Administrator may from time to time designate for the purpose.

§ 105.74 Information of violations.

Every person licensed under the act shall immediately furnish the Service any information which comes to the knowledge of such person tending to show that any provision of the act or the regulations in this part has been violated.

§ 105.75 Procedure in hearings.

For the purpose of hearings under the act or the regulations in this part, except those relating to appeals or arbitrations, the licensee involved shall be allowed a reasonable time within which affidavits and other proper evidence may be submitted. If requested by the licensee within such time, an oral hearing, of which reasonable notice shall be given, shall be held before, and at a time and place fixed by an official authorized by the Secretary. The testimony of the witnesses at such oral hearing shall be upon oath or affirmation administered by the official before whom the hearing is held, when required by him. oral hearing may be adjourned by such official from time to time. After reasonable notice to all parties concerned, the deposition of any witness may be taken at a time and place and before a person designated for the purpose by the official before whom the hearing is held. Every written entry in the records of the Department made by an officer or employee thereof in the course of his official duty, which is relevant to the issue involved in a hearing, shall be admissible as prima facie evidence of the facts stated

Such

therein without the production of such officer or employee. Copies of all papers and all the evidence submitted or considered in such hearing shall be made a part of the records of the Department. At the end of the oral hearing, the parties shall be afforded an opportunity to file proposed findings 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]

§ 105.76 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 or in one or more compartments in the same 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.

§ 105.77 Amount of assets and bond needed for 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 and of fees applicable to the particular compartment or compartments to be licensed.

When used in the regulations in this part, unless otherwise distinctly expressed or manifestly incompatible with the intent thereof:

(a) "Beans" means only dry edible beans used for human consumption.

(b) "The act" means the United States Warehouse Act, approved August 11, 1916 (39 Stat. 486; 7 U. S. C. 241-273), as amended.

(c) "Person" means an individual, corporation, partnership, or two or more persons having a joint or common interest.

(d) "Department" means the United States Department of Agriculture.

(e) "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.

(f) "Administrator" means 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. (g) "Designated representative" means the Administrator.

(h) "Service" means the Consumer and Marketing Service of the Department.

(i) "Regulations" means rules and regulations made under the act by the Secretary.

(j) "Warehouse" means, unless otherwise clearly indicated by the context, any building, structure, or other protected inclosure in which beans are or may be stored for interstate or foreign commerce, or, if located within any place under the exclusive jurisdiction of the United States, in which beans are or may be stored and for which a license has been issued under the act.

(k) "Warehouseman" means, unless otherwise clearly indicated by the context, any person lawfully engaged in the business of storing beans and holding a warehouse license.

(1) "License" means a license issued under the act by the Secretary.

(m) "Licensed warehouseman's bond" means a bond required to be given under the act by a licensed warehouseman.

(n) "Licensed inspector" means a person licensed under the act by the Secretary to sample, to inspect, and to grade and to certificate the condition for storage and the grade of beans.

(o) "Licensed weigher" means a person licensed under the act by the Secretary to weigh and to certificate the weight of beans stored or to be stored under the act.

(p) "Receipt" means a warehouse receipt as prescribed by the act and regulations.

(q) "Dockage." See "Pick."

(r) "Pick" includes any material other than beans, together with undeveloped, shriveled, discolored, damaged, split, and small pieces of beans which are picked by hand or eliminated by mechanical means from the lot. The pick shall be calculated in terms of percentage based on the total weight of the beans including the material to be eliminated.

[10 F. R. 4964, May 4, 1945, as amended at 13 F. R. 8729, Dec. 30, 1948; 14 F. R. 681, Feb. 16, 1949]

WAREHOUSE LICENSES

§ 106.3 Application forms.

Applications for licenses under sections 4 and 9 of the act and for amendments thereto 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 his designated representative shall find to be necessary to the consideration of his application.

§ 106.4 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 beans, 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. § 106.5 Net assets required. 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

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