Montana Code 81-8-273. Refusal to issue or renew license
81-8-273. Refusal to issue or renew license. (1) The department shall refuse to issue or renew a license if the applicant:
Terms Used In Montana Code 81-8-273
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Livestock: means cattle, calves, hogs, pigs, horses, mules, sheep, lambs, and goats. See Montana Code 81-8-213
- Person: means an individual, firm, association, partnership, or corporation. See Montana Code 81-8-213
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)has failed to maintain a financial condition of total assets in excess of total liabilities, including total current assets in excess of total current liabilities;
(b)is in violation of any of the provisions of this part;
(c)has knowingly made false or misleading statements as to the health or physical condition of livestock or practiced fraud or misrepresentation in connection with the buying or receiving of livestock or the selling, exchanging, soliciting, or negotiating of the sale of livestock or the weighing of the same;
(d)has failed to keep records of all purchases and sales or refused to grant inspection of such records by authorized agents of the department;
(e)is in violation of the rules adopted by the department;
(f)has failed to comply with a lawful order of the department;
(g)has been found by the department to have failed to pay, without reasonable cause, obligations incurred in connection with livestock transactions;
(h)has been suspended by the order of the secretary of agriculture of the United States department of agriculture under provisions of the Packers and Stockyards Act, 1921, as amended, 7 U.S.C. § 181, et seq.; or
(i)employs a person required to be licensed whose license cannot be renewed or whose license is under suspension or revocation by the department or the United States department of agriculture.
(2)An applicant refused a license or license renewal may not apply again for 1 year following refusal unless the department determines that the applicant has met the requirements of this part.