Before the license is issued to
operate a public livestock market or special open consignment
horse sale, the applicant shall execute and deliver to the
director a surety bond in a sum as herein provided for, executed
by the applicant as principal and by a surety company qualified
and authorized to do business in this state as surety. The bond
shall be a standard form and approved by the director as to terms
and conditions. The bond shall be conditioned that the principal
will not commit any fraudulent act and will comply with the
provisions of this chapter and the rules adopted under this
chapter. The bond shall be to the state in favor of every
consignor and/or vendor creditor whose livestock was handled or
sold through or at the licensee's public livestock market or
special open consignment horse sale: PROVIDED, That if the
applicant is bonded as a market agency under the provisions of
the packers and stockyards act, (7 U.S.C. 181) as amended, on
March 20, 1961, in a sum equal to or greater than the sum
required under the provisions of this chapter, and the applicant
furnishes the director with a bond approved by the United States
secretary of agriculture, the director may accept the bond and
its method of termination in lieu of the bond provided for herein
and issue a license if the applicant meets all the other
requirements of this chapter.
The total and aggregate liability of the surety for all
claims upon the bond shall be limited to the face of the bond.
Every bond filed with and approved by the director shall, without
the necessity of periodic renewal, remain in force and effect
until the license of the licensee is revoked for cause or
otherwise canceled. The surety on a bond, as provided herein,
shall be released and discharged from all liability to the state
accruing on the bond upon compliance with the provisions of RCW 19.72.110 concerning notice and proof of service, but this shall
not operate to relieve, release, or discharge the surety from any
liability already accrued or which shall accrue (due and to
become due hereunder) before the expiration period provided for
in RCW 19.72.110 concerning notice and proof of service, and
unless the principal shall before the expiration of this period,
file a new bond, the director shall immediately cancel the
principal's license.
[2003 c 326 § 76; 1983 c 298 § 13; 1971 ex.s. c 192 § 5; 1961 c 182 § 4. Prior: 1959 c 107 § 20.]
NOTES:
Effective dates -- 2003 c 326: See RCW 16.57.902.