Montana Code 81-8-254. Cancellation or suspension of certificate
81-8-254. Cancellation or suspension of certificate. (1) The department may cancel or suspend the certificate of an operator of a livestock market if it finds that the operator:
Terms Used In Montana Code 81-8-254
- Board: means the board of livestock provided for in 2-15-3102. See Montana Code 81-8-213
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of livestock provided for in Title 2, chapter 15, part 31. See Montana Code 81-8-213
- Fraud: Intentional deception resulting in injury to another.
- Livestock: means cattle, calves, hogs, pigs, horses, mules, sheep, lambs, and goats. See Montana Code 81-8-213
- Livestock market: means :
(i)a person engaged in the business of buying or selling livestock in commerce on a commission basis;
(ii)a person engaged in the business of furnishing stockyard services; or
(iii)a livestock video auction as defined in this section. See Montana Code 81-8-213
(a)is guilty of fraud or misrepresentation as to the titles, charges, number, brands, weights, proceeds of sale, or ownership of livestock;
(b)is in violation of any of the provisions of this part;
(c)is in violation of any of the rules adopted by the department; or
(d)is in violation of Title 81, chapter 3, part 2.
(2)The department on its own initiative or on written complaint may investigate a livestock market and may file a complaint against the livestock market with the board. The complaint shall be set for hearing before the board, and the department shall serve notice of the hearing on the livestock market at least 10 days before such hearing.
(3)An investigation or hearing initiated by the department under this part may be held before an examiner designated by the board. Any finding or order made by an examiner, if confirmed by the board, is the order or finding of the board.