Filed: Apr. 10, 2013
Latest Update: Apr. 10, 2013
Summary: NOT DESIGNATED FOR PUBLICATION PARRO, J. In a petition for judicial review of the final decision of a state agricultural commission, the district court affirmed the commission's denial of a corn producer's indemnity claim that resulted from a grain dealer's refusal to pay the producer in full for a delivery of corn. The corn producer appeals from the district court's adverse judgment, contending the district court legally and factually erred in affirming the agricultural commission's decision
Summary: NOT DESIGNATED FOR PUBLICATION PARRO, J. In a petition for judicial review of the final decision of a state agricultural commission, the district court affirmed the commission's denial of a corn producer's indemnity claim that resulted from a grain dealer's refusal to pay the producer in full for a delivery of corn. The corn producer appeals from the district court's adverse judgment, contending the district court legally and factually erred in affirming the agricultural commission's decision...
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NOT DESIGNATED FOR PUBLICATION
PARRO, J.
In a petition for judicial review of the final decision of a state agricultural commission, the district court affirmed the commission's denial of a corn producer's indemnity claim that resulted from a grain dealer's refusal to pay the producer in full for a delivery of corn. The corn producer appeals from the district court's adverse judgment, contending the district court legally and factually erred in affirming the agricultural commission's decision. We affirm the district court's judgment and issue this opinion in accordance with Rules 2-16.2(A)(5), (6), (8), and (10) of the Uniform Rules of Louisiana Courts of Appeal.
Pursuant to the Agricultural Commodity Dealer and Warehouse Law and applicable administrative rules,3 the Louisiana Agricultural Commodities Commission (LACC)4 operates the Grain and Cotton Indemnity Fund (the Fund). LSA-R.S. 3:3410.2. Monies in the Fund are used to reimburse a producer5 who sells grain6 to a licensed grain dealer7 and who is not fully compensated by the licensed grain dealer as a result of its insolvency.8 See LSA-R.S. 3:3410.2(C)(3), (F), and (G); La. Admin. Code 7:XXVII.195(A) and 201(A). A producer shall be eligible to receive indemnity payments from the Fund if: (1) the licensed grain dealer becomes insolvent after January 1, 2008, and (2) the licensed grain dealer, as a result of the insolvency, does not fully compensate the producer in accordance with a sale. LSA-R.S. 3:3410.2(F)(1) and (3). Any producer who wishes to assert a claim9 shall provide proof of a loss covered by the Fund to LACC. See La. Admin. Code 7:XXVII.201(B) and (C). Upon receipt of a proof of loss, LACC shall review the claim to determine whether it is covered under the indemnity program. See La. Admin. Code 7:XXVII.201(E). The burden of proof to establish the loss shall be upon the producer.10 Id.
LACC's decision to grant or deny a claim for payment from the Fund may be appealed to LACC itself by seeking an adjudicatory hearing to have the decision reconsidered in accordance with the Louisiana Administrative Procedure Act (the APA), LSA-R.S. 49:950 et seq. See La. Admin. Code 7:XXVII.205(A). Subsequent to such a hearing, LACC's decision on appeal is subject to judicial review, also in accordance with the APA. Id. Proceedings for review of a LACC decision are instituted by filing a petition in the Nineteenth Judicial District Court (Nineteenth JDC). See LSA-R.S. 49:964(B).11 Upon review, the district court functions as an appellate court and may affirm, remand, reverse, or modify LACC's decision. See LSA-R.S. 49:964(G); Wild v. State, Department of Health and Hospitals, 08-1056 (La. App. 1 Cir. 12/23/08), 7 So.3d 1, 4. A final judgment of the Nineteenth JDC, rendered under the APA, is appealable to this court. See LSA-R.S. 49:965. On review of the district court's judgment, this court owes no deference to the district court's factual findings or legal conclusions. Wild, 7 So.3d at 4. Accordingly, this court has conducted its own independent review of the record in this case and applied the standards of review set forth in LSA-R.S. 49:964(G). See Id. at 5.
Thomas Ray Douglas, Jr. d/b/a Douglas Farms (Douglas) is the producer in this case who sought an indemnity payment from the Fund, because Central Louisiana Grain Cooperative, Inc. (Central), a licensed grain dealer, allegedly did not fully compensate Douglas for a sale of corn. Douglas had the burden of proving that Central became insolvent after January 1, 2008, and that as a result of the insolvency, Central did not fully compensate Douglas in accordance with the sale of corn. See LSA-R.S. 3:3410.2(F) and La. Admin. Code XXVII.201(E). LACC denied Douglas' indemnity claim when it was initially submitted. After an adjudicatory hearing to reconsider that decision, LACC again denied Douglas' claim. On appeal, the district court held a hearing on the matter, and by judgment dated October 17, 2011, affirmed LACC's decision, which had denied Douglas' indemnity claim.
Based on our independent review of the record, and applying the standards of review set forth in LSA-R.S. 49:964(G), we conclude, as did the district court, that the record does not sufficiently demonstrate, as is required by LSA-R.S. 3:3410.2(F)(3), that Central's failure to fully compensate Douglas for the sale of corn was as a result of Central's insolvency.
Accordingly, under Rules 2-16.2(A)(5), (6), (8), and (10) of the Uniform Rules of Louisiana Courts of Appeal, we affirm the district court's October 17, 2011 judgment that affirmed the Louisiana Agricultural Commodities Commission's decision denying the indemnity claim of Thomas Ray Douglas, Jr. d/b/a Douglas Farms. Costs of this appeal are assessed to Thomas Ray Douglas, Jr. d/b/a Douglas Farms.
AFFIRMED.