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2018 Georgia Code 2-9-5 | Car Wreck Lawyer

TITLE 2 AGRICULTURE

Section 9. Dealers in Agricultural Products, 2-9-1 through 2-9-45.

ARTICLE 1 GENERAL PROVISIONS

2-9-5. Bond - Required.

Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of "good standing" issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The bond shall be in such amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of products purchased from or sold for Georgia producers or estimated to be purchased or sold in any month by the applicant; provided, however, that the minimum amount of such bond shall be $10,000.00 and the maximum amount of such bond shall be $230,000.00; provided, further, that in the case of pecans, such bond shall not exceed $500,000.00. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing and such person shall be ineligible to reapply for such license for a period of four years after such revocation.

(Ga. L. 1956, p. 617, § 6; Ga. L. 1991, p. 1053, § 2; Ga. L. 1992, p. 2149, § 2; Ga. L. 1999, p. 800, § 2; Ga. L. 2000, p. 1510, § 2; Ga. L. 2013, p. 797, § 3/HB 268.)

RESEARCH REFERENCES

ALR.

- Validity of statute or ordinance which requires liability or indemnity insurance or bond as condition of license for conducting business or profession, 120 A.L.R. 950.

Cases Citing Georgia Code 2-9-5 From Courtlistener.com

Total Results: 3

Hines v. Georgia Ports Authority

Court: Supreme Court of Georgia | Date Filed: 2004-10-12

Citation: 604 S.E.2d 189, 278 Ga. 631

Snippet: books audited by state auditor). [44] OCGA § 52-2-9(5). See Fresenius Medical Care, 322 F.3d at 68-69

Kelley v. Integon Indemnity Corp.

Court: Supreme Court of Georgia | Date Filed: 1984-09-06

Citation: 320 S.E.2d 526, 253 Ga. 269, 1984 Ga. LEXIS 897

Snippet: of a motor vehicle" as defined in OCGA § 33-34-2 (9).[5] However, the Eleventh Circuit has called several

Law Lincoln Mercury, Inc. v. Strickland

Court: Supreme Court of Georgia | Date Filed: 1980-09-05

Citation: 271 S.E.2d 152, 246 Ga. 237, 1980 Ga. LEXIS 1049

Snippet: the State of Georgia, Revenue Regulation § 560-12-2.9 (5). In Bailes Oldsmobile Inc. v. Hawes, 122 Ga. App