Kansas Statutes 47-1001c. Hearing on application for market license; issuance of license, when; matters considered
Terms Used In Kansas Statutes 47-1001c
- Board: means any three members of the Kansas animal health board designated by the chairperson of the Kansas animal health board for each particular hearing. See Kansas Statutes 47-1001
- Commissioner: means the animal health commissioner of the Kansas department of agriculture. See Kansas Statutes 47-1001
- 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.
- Livestock: means and includes cattle, bison, swine, sheep, goats, horses, mules, domesticated deer, camelids, domestic poultry, domestic waterfowl, all creatures of the ratite family that are not indigenous to this state, including, but not limited to, ostriches, emus and rheas, and any other animal as deemed necessary by the commissioner established through rules and regulations. See Kansas Statutes 47-1001
- Public livestock market: means any place, establishment or facility commonly known as a "livestock market" "livestock auction market" "sales ring" "stockyard" "community sale" as such term is used in article 10 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, which includes any business conducted or operated for compensation or profit as a public market for livestock, consisting of pens, or other enclosures, and their appurtenances, in which livestock are received, held, sold or kept for sale or shipment except that this term shall not apply to any livestock market where federal veterinary inspection is regularly maintained. See Kansas Statutes 47-1001
A hearing may be conducted by the board and the commissioner. After a hearing upon such application the application, conducted in accordance with the provisions of the Kansas administrative procedure act, if the board finds from the evidence presented that such public livestock market for which a market license is sought would beneficially serve the livestock economy, such market license shall be issued by the commissioner to the applicant. In determining whether or not the application should be granted or denied, the board shall give reasonable consideration to:
(a) The financial stability and fiduciary responsibility of the applicant.
(b) Character references to be supplied in writing by at least three persons selected by the applicant.
(c) The livestock industry marketing benefits to be derived from the establishment and operation of the public livestock market proposed in the application.
(d) The adequacy of the proposed facilities to permit the performance of proposed market services.
(e) The present market services elsewhere available to the trade area proposed to be served.
(f) Whether the proposed public livestock market would be continuous.
(g) The economic feasibility of the proposed market services.