1.    Before the agriculture commissioner may suspend or revoke a livestock dealer’s license, the commissioner shall:

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Terms Used In North Dakota Code 4.1-83-20

  • 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.
  • Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

a.    Prepare a complaint; b.    Designate the time and place for a hearing; and

c.    Serve a copy of the complaint and a notice of the hearing upon the livestock dealer at least fifteen days before the date of the hearing.

2.    The agriculture commissioner shall serve the required notice by registered mail or in the manner provided by the North Dakota Rules of Civil Procedure for the service of a summons.

3.    At the hearing, the agriculture commissioner shall take and receive testimony and evidence.

4.    After the hearing, the agriculture commissioner shall issue an order to:

a.    Dismiss the proceedings; b.    Suspend the livestock dealer’s license; or c.    Revoke the livestock dealer’s license.

5.    The aggrieved party may appeal the order to the district court of the county in which the party maintains its principal place of business.