Montana Code Annotated
Part 2. Livestock Markets and Dealers
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:
(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.
History: En. Sec. 26, Ch. 566, L. 1979; amd. Sec. 11, Ch. 52, L. 1985; amd. Sec. 3, Ch. 401, L. 1989.

Structure Montana Code Annotated

Montana Code Annotated

Title 81. Livestock

Chapter 8. Marketing

Part 2. Livestock Markets and Dealers

81-8-201. Repealed

81-8-202. Repealed

81-8-203. Repealed

81-8-204. Repealed

81-8-205. Repealed

81-8-206. Repealed

81-8-207. Repealed

81-8-208. Repealed

81-8-209. Repealed

81-8-210. Repealed

81-8-211. Short title

81-8-212. Purpose

81-8-213. Definitions

81-8-214. Regulation of certain nonmarket sales

81-8-215. Quarantine of diseased animals

81-8-216. Penalties

81-8-217. Jurisdiction

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

81-8-236. Injunctive remedy

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

81-8-257. Repealed

81-8-258. Records and reports

81-8-259. Occasional off-premises sales

81-8-260. Dispersal 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

81-8-264. Satellite video livestock auction market -- license to transact business -- license fee -- contract -- renewal

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

81-8-276. Annual fee and financial statement

81-8-277. Repealed

81-8-278. Records

81-8-279. Penalties