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| 1. Acts enumerated. The commissioner or the commissioner's duly | | authorized agent may refuse to grant or renew a license, after | | notice and opportunity for a hearing is provided in a manner | | consistent with the Maine Administrative Procedure Act as to | | adjudicatory proceedings, upon a finding that any of the following | | acts have existed within 2 years of the date of the filing of an | | application for license: |
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| | | A. That fraudulent charges or returns have been made by the | | applicant or licensee for the handling, sale or storage of | | potatoes or rotation crops, or for the rendering of any | | service in connection with the handling, sale or storage of | | potatoes or rotation crops; |
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| | | B. That the applicant or licensee has failed or refused to | | render a true account of sales, or to make a settlement | | thereon, within the time and in the manner required by this | | Article, or has failed or refused to pay for potatoes or | | rotation crops purchased by the applicant or licensee within | | 30 calendar days after acceptance of the potatoes or | | rotation crops; |
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| | | C. That the applicant or licensee has knowingly made any | | false material statement as to the condition, quality or | | quantity of potatoes or rotation crops received, handled, | | sold, purchased or stored by the applicant or licensee; |
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| | | D. That the applicant or licensee directly or indirectly | | has purchased for that applicant's or licensee's own | | account, potatoes or rotation crops received by the | | applicant or licensee upon consignment without prior | | authorization from consignor together with price fixed by | | consignor or without promptly notifying the consignor of | | such purchase. This does not prevent any dealer, processor, | | broker, agent or retailer, in order to close the day's | | business, from taking into account in the record of sales | | miscellaneous lots or parcels of potatoes or rotation crops | | remaining unsold, if such dealer, processor, broker, agent | | or retailer on the business day next following properly | | enters any such transaction in that applicant's or | | licensee's accounts; |
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| | | E. That the applicant or licensee has made any substantial | | misrepresentation as to the conditions of the market for | | potatoes or rotation crops; |
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| | | F. That the applicant or licensee has made fictitious sales | | or has defrauded or attempted to defraud a producer; |
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