ATCP 97.06(2)(a)2.2. The security filed by the public warehouse keeper does not comply with s. ATCP 97.08.
ATCP 97.06(2)(a)3.3. The security filed by the public warehouse keeper has been canceled without adequate prior notice to the department under s. ATCP 97.08.
ATCP 97.06(2)(a)4.4. The public warehouse keeper has failed to file satisfactory security to replace a canceled surety bond before the effective date of the cancellation.
ATCP 97.06(2)(a)5.5. The public warehouse keeper has failed to file satisfactory security to replace an expiring letter of credit at least 31 days before that letter of credit expires.
ATCP 97.06(2)(a)6.6. The public warehouse keeper has failed to file satisfactory security to replace a canceled or expired insurance policy before the effective date of the cancellation or expiration.
ATCP 97.06(2)(a)7.7. There is an imminent threat of substantial harm to stored property because the public warehouse keeper’s warehouse is unsuitable for storing that type of property, or because the public warehouse keeper is not adequately protecting stored property from loss or damage.
ATCP 97.06(2)(b)(b) A summary order under this par. (a) shall set forth the specific basis for the order.
ATCP 97.06 NoteNote: A person adversely affected by a summary suspension is entitled to a prompt informal hearing and a full evidentiary hearing upon request, as provided under s. ATCP 1.03 (3).
ATCP 97.06 HistoryHistory: Cr. Register, June, 1994, No. 462, eff. 7-1-94.
ATCP 97.08ATCP 97.08Security.
ATCP 97.08(1)(1)Requirement. Every public warehouse keeper shall maintain on file with the department security that complies with this section.
ATCP 97.08(2)(2)Form of security. Security filed with the department under this section is subject to approval by the department. Security shall be in one or more of the following forms:
ATCP 97.08(2)(a)(a) Continuous surety bond. A continuous surety bond that is all of the following:
ATCP 97.08(2)(a)1.1. Made payable to the department for the benefit of owners of stored property or their assignees.
ATCP 97.08(2)(a)2.2. Endorsed by a surety company authorized to do business in this state.
ATCP 97.08(2)(a)3.3. In a form approved by the department containing all of the terms and conditions required by the department.
ATCP 97.08(2)(a)4.4. Continuing, and subject to cancellation by the surety company only upon 30 days written notice to the department served in person or by certified mail.
ATCP 97.08(2)(b)(b) Personal surety bond supported by other security. Personal surety bonds or other third party guarantees that are supported by one of the following forms of security held by the department under subs. (4) and (6):
ATCP 97.08(2)(b)1.1. Cash.
ATCP 97.08(2)(b)2.2. Certificates of deposit.
ATCP 97.08(2)(b)3.3. Bonds.
ATCP 97.08(2)(b)4.4. Irrevocable bank letters of credit that are all of the following:
ATCP 97.08(2)(b)4.a.a. Issued by a financial institution in this state.
ATCP 97.08(2)(b)4.b.b. Issued for a term of at least one year.
ATCP 97.08(2)(b)4.c.c. Made payable to the department for the benefit of owners of stored property or their assignees.
ATCP 97.08(2)(b)4.d.d. In a form approved by the department, written on bank letterhead and containing all the terms and conditions required by the department.
ATCP 97.08(2)(b)4.e.e. Continuing, and subject to non-renewal by the issuing bank only upon 90 days prior written notice to the department served in person or by certified mail.
ATCP 97.08(2)(c)(c) Liability insurance policy. An original or certified copy of a legal liability insurance policy that is all of the following:
ATCP 97.08(2)(c)1.1. Payable to the department for the benefit of owners of stored property or their assignees.