§ 40-15-1 Business constituting livestock auction agency–Exceptions
§ 40-15-1.1 Buying stations subject to chapter
§ 40-15-1.2 “Mobile market” defined
§ 40-15-1.3 “Livestock” defined
§ 40-15-2 License required for auction agency–Display at place of sales–Violation as petty offense
§ 40-15-3 Application for auction agency license–Contents
§ 40-15-4 Hearing on application for license–Notice to livestock associations of application
§ 40-15-5 Publication and public notice of application for license
§ 40-15-6 Hearing on application for license–Issuance on finding of conformity
§ 40-15-7 Factors considered in determining whether to issue license
§ 40-15-8 Annual fee for issuance or renewal of license
§ 40-15-9 Notice and hearing dispensed with on renewal of license
§ 40-15-10 Bond required to operate auction agency–Terms of bond–Approval–Amount–Violation as misdemeanor
§ 40-15-11 Cancellation of auction agency bond by surety–New bond before continuing business
§ 40-15-12 Action on auction agency bond
§ 40-15-13 Livestock handling and testing facilities required for auction agency license–Revocation or suspension if facilities inadequate or unsanitary
§ 40-15-13.1 Approved scales to be used
§ 40-15-13.2 Promulgation of rules–Scales–Fees
§ 40-15-14 Rules specifying facilities needed by veterinary inspector
§ 40-15-15 Separate pens for segregation of diseased animals–Marking of quarantine pens
§ 40-15-16 Auction agency services available without discrimination–Filing and posting of rate schedules–Rebates prohibited–Violation as petty offense
§ 40-15-17 Minimum inspection fees established by Animal Industry Board
§ 40-15-18 Inspection fees paid to Animal Industry Board
§ 40-15-19 Inspection service to be provided at auction agency–Veterinarian employed by board–Qualifications–Assistant veterinarian–Violation as petty offense
§ 40-15-20 Inspection of livestock by veterinarian–Compensation from fees collected
§ 40-15-21 Testing and treatment required before removal of animal from auction agency
§ 40-15-22 Veterinary inspection of premises and equipment–Supervision of cleaning of facilities and vehicles
§ 40-15-23 Inspection in manner prescribed by Animal Industry Board or federal government
§ 40-15-24 Veterinary inspector supervised by animal industry board–Discontinuance for failure to perform–Supervising veterinarians
§ 40-15-25 Auction agency not liable for negligence of inspector–Inspector not agent of agency
§ 40-15-26 Responsibility for inspection of livestock before shipment from auction agency–Certificate to comply with requirements at destination
§ 40-15-27 Records of livestock agency–Contents–Violation as petty offense
§ 40-15-28 Records open to inspection–Preservation–Copies furnished
§ 40-15-29 Revocation or suspension of license for failure to keep records
§ 40-15-30 Uniform accounting system for agencies
§ 40-15-31 Segregation and safeguarding of customers’ funds by auction agency–Misuse of funds as felony
§ 40-15-31.1 Electronic auction–Regulation–Licensure
§ 40-15-31.2 Electronic auction–Delivery
§ 40-15-32 Revocation or suspension of license for violations–Effect of revocation or suspension
§ 40-15-32.1 Grounds for revocation, suspension, or refusal to renew license
§ 40-15-32.2 Board authorized to assume control of funds when agency’s license revoked
§ 40-15-33 Appeal to circuit court from revocation or suspension of license
§ 40-15-34 Operation of auction agency without license as misdemeanor–Each day as separate offense
§ 40-15-35.1 Animal Industry Board allowed to apply for injunction
§ 40-15-36 Enforcement of chapter–Orders, rules, and regulations–Publication and posting
§ 40-15-37 Disposition of fees–Apportionment between disease emergency fund and inspectors fund
§ 40-15-38 Use of livestock disease emergency fund–Authorization by Governor required
§ 40-15-39 “Livestock fraud” defined–Evidence–Felony
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Terms Used In South Dakota Codified Laws > Title 40 > Chapter 15 - Livestock Auction Agencies

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Trustee: A person or institution holding and administering property in trust.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2