Section 824IAC2-12-1. Special or preferential treatment prohibited

   (a) Except as provided in Rule 10, Section 4 [824 IAC 2-10-4], a licensee shall not directly or indirectly:

(1) make or give any undue or unreasonable preference or advantage to any person; or

(2) subject a particular person to any undue or unreasonable prejudice or disadvantage; or

(3) collect or receive, by any special charge, rebate, or other maneuver from any person, a greater or lesser compensation for services rendered in the handling, storage, or shipment of any grain than he demands, collects, or receives from any other person for doing a like and concurrent service in the handling, storage, or shipment of grain under similar circumstances or conditions.

  (b) In determining whether undue or unreasonable preference or preparation is being given, the practices of the licensee shall be considered in view of his historical storage and charging practices.

  (c) Nothing contained in subsection (a) shall allow or require a licensee to change, alter, or impair a written contractual obligation with an existing or potential depositor entered into by the licensee in good faith and not for the purpose of circumvention of the Act or these rules. (Indiana Grain Buyers and Warehouse Licensing Agency; 824 IAC 2-12-1; filed Jan 19, 2001, 3:04 p.m.: 24 IR 1662; readopted filed Nov 16, 2007, 2:00 p.m.: 20071212-IR-824070667RFA; readopted filed Nov 27, 2013, 1:30 p.m.: 20131225-IR-824130492RFA)