Oregon Statutes 599.421 – Matters to be considered in granting licenses; change of market ownership; fee exception
(1) In its consideration of the application for license, the State Department of Agriculture shall consider:
Terms Used In Oregon Statutes 599.421
- Department: means the State Department of Agriculture of the State of Oregon. See Oregon Statutes 599.205
- 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: includes horses, mules, asses, cattle, sheep, swine, goats and poultry, including turkeys, of any age or sex. See Oregon Statutes 599.205
- Livestock auction market: means a place of business to which the public may consign livestock for sale by auction open to public bidding or sold on a commission basis, but, specifically, it does not include breed or livestock associations operating subject to and in compliance with the provisions of the Oregon Nonprofit Corporation Act, ORS Chapter 65, Future Farmer and 4-H groups, auction sales conducted in conjunction with county, state or private fairs or auction sales conducted by or for a person at which livestock of such person's ownership are sold on premises of the person. See Oregon Statutes 599.205
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The ability of the applicant to qualify with the provisions of the federal Packers and Stockyards Act of 1921, 7 U.S.C. § 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 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. [1971 c.578 § 6; 1999 c.473 § 2]
[1957 c.390 10,11; 1963 c.15 § 2; repealed by 1969 c.33 § 2]