North Dakota Code 4.1-83-23 – Possession of records and property – Notice to file claims
1. a. Upon establishing the trust fund, the agriculture commissioner shall take possession of all accounts and records pertaining to the livestock dealer’s business. After reviewing the records, the agriculture commissioner may return to the dealer any records that are not necessary to the settlement of claims under this chapter.
Terms Used In North Dakota Code 4.1-83-23
- Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trustee: A person or institution holding and administering property in trust.
- week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
b. Upon establishing the trust fund, the agriculture commissioner shall take possession of all livestock purchased by the dealer under the dealer’s license and remaining in the dealer’s possession.
2. The agriculture commissioner, as trustee, shall publish a notice once each week for three consecutive weeks in the official newspaper of each county in which the livestock dealer was conducting business, directing any person having a claim against the dealer to file the claim and all supporting documentation with the commissioner no later than forty-five days from the last date of publication. Any person failing to meet the filing requirements set forth in the notice is barred from participating in any funds marshalled by the agriculture commissioner under this chapter.