81-8-274. Suspension or revocation of license. (1) Whenever the department finds that a livestock dealer has violated the provisions of this part or rules adopted under this part, the department may, by order, suspend the license of the person for a period not to exceed 1 year, and if the violation is repeated, the department may, by order, after hearing, permanently revoke the license of the person.

Terms Used In Montana Code 81-8-274

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the department of livestock provided for in Title 2, chapter 15, part 31. See Montana Code 81-8-213
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Livestock: means cattle, calves, hogs, pigs, horses, mules, sheep, lambs, and goats. See Montana Code 81-8-213
  • Person: means an individual, firm, association, partnership, or corporation. See Montana Code 81-8-213

(2)Before a license issued under this part may be suspended or revoked, the licensee must be furnished with a copy of the complaint and a hearing must be held before the department to determine whether the license should be suspended or revoked. The licensee must be given notice of the time and the place of the hearing. The notice may be served by certified mail at the post-office address listed in the application. The hearing must be held not less than 10 days or more than 30 days after the mailing of the notice. At the time and place set for the hearing, the department shall take and receive evidence, under oath, with respect to the complaint and, upon the evidence received, shall promptly dismiss the proceedings or revoke or suspend the license.