(1) The department may give written notice to the warehouse
operator or grain dealer to submit to inspection, and/or furnish
required reports, documents, or other requested information,
under such conditions and at such time as the department may deem
necessary whenever a warehouse operator or grain dealer fails to:
(a) Submit his or her books, papers, or property to lawful
inspection or audit;
(b) Submit required reports or documents to the department
by their due date; or
(c) Furnish the department with requested information,
including but not limited to correction notices.
(2) If the warehouse operator or grain dealer 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
department may allow, the department shall levy a fine of fifty
dollars per day from the final date for compliance allowed by
this section or the department. In those cases where the failure
to comply continues for more than thirty days or where the
director determines the failure to comply creates a threat of
loss to depositors, the department may, in lieu of levying
further fines petition the superior court of the county where the
licensee's principal place of business in Washington is located,
as shown by the license application, for an order:
(a) Authorizing the department to seize and take possession
of all books, papers, and property of all kinds used in
connection with the conduct or the operation of the warehouse
operator's or grain dealer's business, and the books, papers,
records, and property that pertain specifically, exclusively, and
directly to that business; and
(b) Enjoining the warehouse operator or grain dealer from
interfering with the department in the discharge of its duties as
required by this chapter.
(3) All necessary costs and expenses, including attorneys'
fees, incurred by the department in carrying out the provisions
of this section may be recovered at the same time and as part of
the action filed under this section.
[2011 c 336 § 623; 1987 c 393 § 20; 1983 c 305 § 47.]
NOTES:
Severability -- 1983 c 305: See note following RCW 20.01.010.