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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry |
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Chapter 15. Animal Industry |
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Subchapter 9. Livestock Special Sales |
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Part 5. LIVESTOCK AUCTION MARKETS |
SECTION 35:15-9-17. Refusal to grant or renew license - Suspension or revocation - Grounds - Notice and hearing
Latest version.
- (a) The Department, on behalf of the Board, may decline to grant or to renew a livestock auction market license or may suspend or revoke a license upon the following grounds:(1) The licensee and/or applicant has violated any provisions of law, rules of the Board, orders of the Board, court orders, or federal regulations regarding the livestock auction market business;(2) The licensee and/or applicant is guilty of misrepresentation, deception, or fraud in securing a livestock auction market license;(3) The licensee and/or applicant fails to keep records as required by this Chapter and the Packers and Stockyards Administration Regulations;(4) The licensee and/or applicant fails to provide a bond or other financial instrument as security;(5) The licensee and/or applicant commits fraud or misrepresentation as to the charges, brands and weights of livestock;(6) The licensee and/or applicant has had a license revoked or suspended;(7) The licensee and/or applicant has been denied a bond in Oklahoma or any other state;(8) The licensee and/or applicant has been found guilty of violating Packers and Stockyards Administration regulations;(9) The licensee and/or applicant has failed to comply with a final order of the Board;(10) The licensee and/or applicant knowingly receives on consignment or sells or exchanges stolen livestock or mortgaged livestock without authority from the owner or mortgagee; or(11) The licensee and/or applicant fails to provide a current financial statement when requested by the Department.(b) The Department, on its own initiative or on written complaint, may investigate a livestock auction market licensee and may file a complaint against the licensee with the Oklahoma Board of Agriculture.(1) The complaint shall be set for hearing before the Board for the purpose of determining whether to grant, renew, suspend, or revoke a license.(2) No hearing shall be held without giving the applicant or the holder of a license at least twenty (20) calendar days written notice thereof.(3) An investigation or hearing initiated by the Department under this part may be held before an examiner designated by the Board.(c) The licensee may request a hearing in the event the license has been suspended, revoked, or issuance or re-issuance denied by the Board. No hearing shall be held without giving the applicant or the holder of a license at least twenty (20) calendar days written notice.