Louisiana Revised Statutes 3:667 – A. All hearings on applications for charters shall be conducted in accordance with the provisions of the Administrative Procedure Act relating to adjudicatory hearings.
Terms Used In Louisiana Revised Statutes 3:667
- Applicant: means a person or place of business that makes a formal application for a license, permit, certification, registration, or certificate issued pursuant to this Title. See Louisiana Revised Statutes 3:1
- Board: means the Louisiana Board of Animal Health augmented by the persons named in La. See Louisiana Revised Statutes 3:663
- Charter: means the charter for livestock market operations authorized under this Part. See Louisiana Revised Statutes 3:663
- Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:663
- Fiduciary: A trustee, executor, or administrator.
- Livestock: means cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation of any such animal. See Louisiana Revised Statutes 3:663
- Livestock market: means any place, establishment or facility commonly known as a "buying station" "livestock market" "livestock auction market" "sales ring" "stockyard" or the like, operated for compensation or profit as a 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. See Louisiana Revised Statutes 3:663
A. All hearings on applications for charters shall be conducted in accordance with the provisions of the Administrative Procedure Act relating to adjudicatory hearings.
B. The commissioner of agriculture shall fix the date of the hearing and shall provide notice by mail, at least ten days prior to the hearing, to each Louisiana livestock organization which has requested notice of the hearings to other Louisiana livestock organizations which the commissioner believes would be interested in the hearing, and to each owner of a chartered livestock auction market.
C. The commissioner shall publish a notice of the hearing on two separate days in the official journal of the state and in the official journal of the municipality or parish in which the proposed livestock market will be located.
D. The board shall consider the following factors in determining whether or not a charter should be granted:
(1) The financial stability, business integrity, and fiduciary responsibility of the applicant.
(2) The adequacy of the facilities to be used.
(3) The present market services elsewhere available to the trade area to be served by the proposed livestock market.
(4) Whether the proposed livestock market would be permanent and continuous.
(5) The benefits to be derived by the livestock industry from the establishment and operation of the proposed livestock market.
(6) The economic feasibility of the proposed livestock market.
E. If the board finds the applicant to be qualified to operate a livestock market, the board shall grant the charter. If the board finds that the applicant is not qualified to operate a livestock market or has failed to comply with the requirements of this Part, the board shall deny the charter.
Added by Acts 1966, No. 142, §1. Amended by Acts 1968, No. 220, §1; Acts 1982, No. 443, §1 eff. Jan. 1, 1983; Acts 2020, No. 306, §1, eff. June 12, 2020.