Oregon Statutes 599.251 – Procedure on licensees default as to condition of bond
(1) Upon default of a licensee as to any condition of the bond required by ORS § 599.245, the State Department of Agriculture shall:
Terms Used In Oregon Statutes 599.251
- Department: means the State Department of Agriculture of the State of Oregon. See Oregon Statutes 599.205
- Licensee: means any person who operates a livestock auction market, either as owner or lessee, and who holds a license to conduct such market issued by the department pursuant to the provisions of this chapter. See Oregon Statutes 599.205
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Give reasonable notice to persons to file claims with the department.
(b) Fix a reasonable time within which such filing shall be done.
(c) Investigate each claim so filed and reasonably verify the circumstances under which the claims accrued and the good faith of the claimants.
(2) With the approval of the claimants who filed claims, the department may settle such claims with the surety, without filing legal action. Such settlement unless appealed to the circuit court within 30 days as provided by law, is final between the surety and all claimants covered by the bond.
(3) If any claimant, or the surety, does not agree with the findings of the department, the department shall file a declaratory judgment action without right to jury trial in the circuit court in the name of the State of Oregon for the benefit of the claimants as authorized by ORS Chapter 28. Unless appealed as prescribed by law, the order of the court shall be final between the surety and all claimants covered by the bond. [1961 c.283 § 3; 1979 c.284 § 178]