32.15.105    PROCEDURES FOR OBTAINING DEPARTMENTAL APPROVAL OF MARKET CHANGES

(1) All requests for approval of changes in the ownership, management, control, operations, regular sale day, or location of a livestock auction market must be submitted to the department of livestock by written petition setting forth the facts of the changes and requesting departmental approval. Any necessary supporting data may be submitted as attachments to the petition.

(a) In the event that a change in ownership or control is involved, supporting data must include:

(i) Current financial statements of the market and of those persons acquiring ownership or control, prepared by a certified public accountant or a licensed public accountant; and

(ii) Executed copies of any contracts bearing on the change of ownership or control.

(b) In the event that the changes involve a relocation of the market facility supporting data must include:

(i) A detailed copy of construction plans of the new facility; and

(ii) Proof that the new location and construction plans have been approved by the water quality bureau, Montana department of health and environmental sciences, and meet any other regulatory requirements which may be applicable.

(2) The department may require such other information and documents relating to the change as it deems necessary.

(3) In the event that a hearing is required under ARM 32.15.104, at least 10 days notice must be given to all persons who are recipients of notice under section 81-8-252 MCA, and to all persons who have previously advised the department in writing of their interest in such matters. A copy of the notice must be posted at the market in a conspic-ious place easily accessible to the public for a period of not less than 10 days before the hearing.

(4) A hearing held under this sub-chapter must be conducted according to the contested case provisions of the Montana Administrative Procedures Act and any rules promulgated thereunder.

History: Sec. 81-8-231 MCA; IMP, 81-8-231 MCA; NEW, Eff. 4/4/77.