Chapter 473 Oregon Laws 1999

Session Law

AN ACT

HB 2121

Relating to livestock auction markets; amending ORS 599.406 and 599.421.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 599.406 is amended to read:

599.406. (1) Application for a license required by ORS 599.401 (1) shall be made upon forms furnished by the State Department of Agriculture, and shall contain:

(a) The name and address of the applicant, the name under which the applicant will operate, if different, the name and address of the manager, if different; and, if other than an individual, whether a partnership, corporation or other organization, and the names and addresses of all partners, shareholders, officers, principals, or other persons having a proprietary or membership interest in the applicant. The department may establish rules permitting listing of less than all [such] those persons in cases of applicants having multiple ownership or membership.

(b) The exact location and place where the applicant proposes to operate the livestock auction market, including the legal description of the premises proposed to be used in connection therewith.

(c) A statement of financial condition of the applicant, and also of [such] the partners, guarantors, or other persons liable for the debts of the applicant, if any, as the department may require.

(d) Pictures and scale plans of existing facilities and, for proposed new or remodeled facilities, plans, blueprints and specifications, and pictures of work completed at the time of the application, together with a statement of the expected completion date or dates of [such] those new or remodeled facilities.

(e) Anticipated source, type and quantity of livestock to be handled by the applicant.

(f) A statement setting forth the general boundaries of the trade area proposed to be served, the services proposed to be rendered, and the benefits to be derived by the livestock industry and public within [such] that trade area.

(g) [Such] Further information [as] that the department may require or [which] that the applicant believes would assist the department in its consideration of the application.

(2)(a) Except as provided in paragraph (d) of this subsection, any livestock auction market license shall expire on the June 30 next succeeding the date of grant of the license, provided that at any time during the quarter preceding June 30 the department may receive, consider and grant an application for a renewal license (including a renewal application filed concurrently with an application for a new license) effective on July 1 and expiring on the next succeeding June 30.

(b) Application for renewal of a license required by ORS 599.401 shall be filed upon forms provided by the department and shall contain the information required in subsection (1)(a), (b), (c) and (g) of this section, and if applicant has altered or remodeled facilities of the applicant or plans to do so, the application shall also contain the information required in subsection (1)(d) of this section.

(c) If an application for a renewal license has been duly filed with the department, together with the fee required by ORS 599.235, at least 15 days prior to the expiration date of a license required by ORS 599.401, but has not been finally acted upon by the department, and if the license is in all other respects valid and in force it shall remain in effect beyond its expiration date until a renewal license is granted, or until 30 days after it has been denied if no request for reconsideration has been made pursuant to ORS 599.426 (2), or until the date of affirmation of the denial pursuant to ORS 599.426 (3) if a request for reconsideration has been made. Nothing in this paragraph shall be deemed to limit the authority of the department to revoke or suspend a license pursuant to ORS 599.255.

(d) In its consideration of the application for a renewal license, the department shall consider those matters set forth in ORS 599.421 (1) but only as they relate to whether the applicant has served the trading area in as satisfactory a manner as contemplated in the original application for license (or in as satisfactory a manner as prior to June 29, 1971), and to the applicant's ability to continue [such] satisfactory service, and shall also consider whether the applicant has complied with the provisions of this chapter and regulations promulgated under it.

(3) An application required by subsection (1) or (2) of this section shall be accompanied by the fee required by ORS 599.235. In addition, except as provided in ORS 599.421 (2) and (3), an application required by subsection (1) of this section shall be accompanied by an application processing fee of [$200, which fee shall] $1,000, to be used by the department for expenses of reviewing and investigating the application, holding hearings and all other required procedures relating to the application for license.

SECTION 2. ORS 599.421 is amended to read:

599.421. (1) In its consideration of the application for license, the State Department of Agriculture shall consider:

(a) The ability of the applicant to qualify with the provisions of the federal Packers and Stockyards Act of 1921, 7 U.S.C. ss.181 to 228, as amended, and effective June 29, 1971.

(b) The testimony and evidence adduced at the hearing provided for in ORS 599.416 and the data and information contained in the application required by ORS 599.406.

(c) The nature and extent of livestock auction market services already available in the trade area proposed to be served by the applicant, and whether the granting of a license to the applicant would be beneficial or detrimental to the livestock industry and economy in the trade area, or would impair the ability of any other livestock auction market license holders to continue unimpaired service to the trade area.

(d) Any record or information relating to the applicant's prior experience in the operation of a livestock auction market and apparent ability to permanently and continuously serve the trade area in such capacity.

(2) An application for license at an existing licensed livestock auction market location [which] that is occasioned solely by a change in the form of ownership or by a transfer of ownership, shall be made upon forms furnished by the department which need only contain the information required in ORS 599.406 (1)(a), (b), (c) and (g), but if applicant's transferor has altered or remodeled the facilities or if applicant proposes to do so, the application shall also contain the information required in ORS 599.406 (1)(d). The application processing fee required by ORS 599.406 (3) shall not be applicable to an application filed pursuant to this subsection.

(3) The application processing fee required by ORS 599.406 (3) shall not be applicable to an application for the reissuance of a license to operate at a livestock auction market location if the application is made within one year after the expiration of the applicant's license to operate at that location and the expired license was otherwise valid at the time of expiration.

Approved by the Governor July 6, 1999

Filed in the office of Secretary of State July 6, 1999

Effective date October 23, 1999

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