Kansas Statutes 47-1005. Grounds for refusal, revocation or suspension of license
Terms Used In Kansas Statutes 47-1005
- Commissioner: means the animal health commissioner of the Kansas department of agriculture. See Kansas Statutes 47-1001
- Fraud: Intentional deception resulting in injury to another.
- Livestock: means and includes cattle, bison, swine, sheep, goats, horses, mules, domesticated deer, camelids, domestic poultry, domestic waterfowl, all creatures of the ratite family that are not indigenous to this state, including, but not limited to, ostriches, emus and rheas, and any other animal as deemed necessary by the commissioner established through rules and regulations. See Kansas Statutes 47-1001
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Public livestock market: means any place, establishment or facility commonly known as a "livestock market" "livestock auction market" "sales ring" "stockyard" "community sale" as such term is used in article 10 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, which includes any business conducted or operated for compensation or profit as a public market for livestock, consisting of pens, or other enclosures, and their appurtenances, in which livestock are received, held, sold or kept for sale or shipment except that this term shall not apply to any livestock market where federal veterinary inspection is regularly maintained. See Kansas Statutes 47-1001
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) After notice and an opportunity for a hearing, conducted in accordance with the provisions of the Kansas administrative procedure act, the commissioner may refuse to grant a license, or suspend or revoke a license, upon a finding of the existence of any of the following facts:
(1) That any provision of this act, order or rule and regulation lawfully promulgated thereunder by the commissioner has been violated by the licensee;
(2) that the licensee has knowingly received on consignment or sold at a public livestock market any stolen livestock, or mortgaged livestock without authority of the lawful owner or mortgagee;
(3) that the licensee was guilty of fraud or deception in the procurement of such license;
(4) that the licensee has violated the laws of the state, or official regulations governing the interstate or intrastate movement, shipment or transportation of any livestock;
(5) that the licensee fails to practice measures of sanitation, disinfection and inspection, as prescribed by law or by the commissioner, of premises used for yarding, stabling, housing or holding of livestock;
(6) that there has been failure to keep records required by the commissioner or a refusal on the part of the licensee to produce records of transactions in the carrying on of the business for which such license is granted, or that the licensee selling livestock by weight fails or refuses to have livestock handled by such licensee weighed on scales that are regularly inspected and tested for accuracy by duly authorized public authority or authorities;
(7) that there has been failure to make timely remittances of fees due under the act to the commissioner; or
(8) that the licensee has failed to properly maintain custodial accounts or bonds.
(b) Notwithstanding the provisions of subsection (a), nothing shall preclude the commissioner from issuing an emergency order in accordance with Kan. Stat. Ann. § 77-536, and amendments thereto, to suspend the license of a public livestock market for the following reasons:
(1) If the bond or bond equivalent as described in Kan. Stat. Ann. § 47-1002, and amendments thereto, for a livestock market operator expires or is terminated and no valid replacement bond or bond equivalent has been filed with the commissioner at the time expiration of such surety occurs; or
(2) if a shortage exists in any of the licensee’s custodial accounts which the commissioner determines to endanger the public welfare.