Montana Code 81-8-255. Appeal by holder of or applicant for certificate
81-8-255. Appeal by holder of or applicant for certificate. An appeal of a decision of the department refusing to grant an application for a certificate or suspending or revoking a certificate of a livestock market shall be taken to the district court of the county in which the proposed livestock market is to be located or in which the authorized livestock market has its principal place of business. The appellant shall file a bond with the clerk of the district court in the sum of $300, to be approved by the judge, conditioned to pay all costs that may be awarded against the appellant in the event of an adverse decision or the decision of the department being affirmed. The cost of preparing transcripts shall be paid by appellant. In a case of suspension or revocation of a certificate, the filing of the notice and bond stays the order of the department until the final determination of the appeal. If the appellant fails to perfect the appeal, the stay shall automatically terminate.
Terms Used In Montana Code 81-8-255
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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.
- Department: means the department of livestock provided for in Title 2, chapter 15, part 31. See Montana Code 81-8-213
- 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