Page:United States Statutes at Large Volume 114 Part 3.djvu/1045

 PUBLIC LAW 106-472—NOV. 9, 2000 114 STAT. 2067 that is licensed under State law to store agricultural commodities in a warehouse in the State if the warehouse operator elects— "(A) not to issue electronic receipts authorized under this subsection; or "(B) to issue electronic receipts authorized under State law. "SEC. 12. CONDITIONS FOR DELIVERY OF AGRICULTURAL PRODUCTS. 7 USC 251. "(a) PROMPT DELIVERY.—In the absence of a lawful excuse, a warehouse operator shall, without unnecessary delay, deliver the agricultural product stored or handled in the warehouse on a demand made by— "(1) the holder of the receipt for the agricultural product; or "(2) the person that deposited the product, if no receipt has been issued. "(b) PAYMENT TO ACCOMPANY DEMAND.— Prior to delivery of the agricultural product, payment of the accrued charges associated with the storage of the agricultural product, including satisfaction of the warehouseman's lien, shall be made if requested by the warehouse operator. "(c) SURRENDER OF RECEIPT. —When the holder of a receipt requests delivery of an agricultural product covered by the receipt, the holder shall surrender the receipt to the warehouse operator, in the manner prescribed by the Secretary, to obtain the agricultural product. "(d) CANCELLATION OF RECEIPT. —^A warehouse operator shall cancel each receipt returned to the warehouse operator upon the delivery of the agricultural product for which the receipt was issued. "SEC. 13. SUSPENSION OR REVOCATION OF LICENSES. 7 USC 252. "(a) IN GENERAL.—After providing notice and an opportunity for a hearing in accordance with this section, the Secretary may suspend or revoke any license issued, or approval for an activity provided, under this Act— "(1) for a material violation of, or failure to comply, with any provision of this Act (including regulations promulgated under this Act); or "(2) on the ground that unreasonable or exorbitant charges have been imposed for services rendered. "(b) TEMPORARY SUSPENSION.— The Secretary may temporarily suspend a license or approval for an activity under this Act prior to an opportunity for a hearing for any violation of, or failure to comply with, any provision of this Act (including regulations promulgated under this Act). "(c) AUTHORITY TO CONDUCT HEARINGS.— The agency within the Department that is responsible for administering regulations promulgated under this Act shall have exclusive authority to conduct any hearing required under this section. "(d) JUDICIAL REVIEW.— "(1) JURISDICTION. —^A final administrative determination issued subsequent to a hearing may be reviewable only in a district court of the United States. "(2) PROCEDURE. —The review shall be conducted in accordance with the standards set forth in section 706(2) of title 5, United States Code.

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