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
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