81-8-235. Penalties for financial violations. (1) A person found, after notice and hearing, to be in violation of 81-8-234 shall be assessed a civil penalty by the department of not less than $100 or more than $5,000 or have the person's license or certificate suspended or revoked, or both.
(2) A person found, after notice and hearing, to have committed a subsequent violation of 81-8-234 after the department has assessed a penalty pursuant to subsection (1) shall be fined not less than $250 or more than $5,000 and have the person's license or certificate suspended or revoked.
(3) A person, whether or not licensed under this part, who issues or delivers a check or other order upon a real or fictitious depository in payment for a livestock purchase knowing that it will not be paid by the depository is guilty of a felony and on conviction shall be imprisoned for not more than 5 years or be fined not more than $10,000, or both. If the person has an account with the depository, failure to make good the check or other order within 5 days after written notice of nonpayment has been received by the issuer is prima facie evidence that the person knew it would not be paid by the depository.
History: En. Sec. 7, Ch. 566, L. 1979; amd. Sec. 7, Ch. 52, L. 1985; amd. Sec. 2677, Ch. 56, L. 2009.
Structure Montana Code Annotated
Part 2. Livestock Markets and Dealers
81-8-214. Regulation of certain nonmarket sales
81-8-215. Quarantine of diseased animals
81-8-218. through 81-8-230 reserved
81-8-231. Duties of department
81-8-232. Posting of certificate or license
81-8-233. Title warranty of livestock sold
81-8-234. Financial responsibility
81-8-235. Penalties for financial violations
81-8-237. through 81-8-250 reserved
81-8-251. Certificate to operate livestock market required -- application
81-8-252. Hearing on application for certificate -- decision
81-8-253. Transfer of certificate
81-8-254. Cancellation or suspension of certificate
81-8-255. Appeal by holder of or applicant for certificate
81-8-256. Fee to operate livestock market
81-8-259. Occasional off-premises sales
81-8-261. Inspection of public markets
81-8-262. Sale of animals of unknown ownership
81-8-263. Duties when ownership in doubt
81-8-265. Refusal to issue or renew license -- suspension or revocation
81-8-266. through 81-8-270 reserved
81-8-271. License to operate as livestock dealer -- application
81-8-272. Issuance of livestock dealer's license
81-8-273. Refusal to issue or renew license
81-8-274. Suspension or revocation of license
81-8-275. Termination of license